SEQUEL TO COLLISION.

New Zealand Herald, Volume LXVIII, Issue 20950, 13 August 1931, Page 13

SEQUEL TO COLLISION.

NORTH SHORE ACCIDENT. MOTOR-CYCLIST'S CLAIM. DAMAGES AGAINST TAXI-DRIVER. A claim for £639 damages was made before Mr. Justice Smith and a jury in the Supreme Court yesterday by Stanley Vaux Godden, rubber worker (Mr. Finlay). The defendant was Robert Hustler, a taxi-cab proprietor, of Devon port (Mr. Goldstine), who was driving a taxi-cab which was involved in a collision with a motor-cycle ridden by the plaintiff. The accident happened on January 7 last in Albeit Road, Devonport, near the .intersection of Derby Street. The plaintiff, who had been employed handling tyres for a motor company at £4 13s 6d a week, claimed 1 lint just before the accident he had been riding a motor-cycle along Albert Road toward Narrow Neck, and that defendant had been driving a taxi in the opposite direction. The collision occurred as the car went to turn into Derby Street, and plaintiff claimed that it vv;is caused by defendant turning on-his wrong side and across a line of oncoming traffic without giving sufficient warning. Plaintiff suffered dislocation of the right elbow, cuts on the wrist and finger, and bruising of the right leg. He had been wholly incapacitated from January 7 to March 28, and had since lost his position and been unable to find another. He sought, £139 special and £SOO general damages. The defendant denied any negligence on his part, but if it was found there had been, he offered as an alternative defence various allegations of contributory negligence against the plaintiff.

In slimming tip after the evidence had been heard, His Honor said the plaintiff's case in essence was that the defendant turned across the road when he had no right to do so, and that in effect he cut the corner. The obligation was on the man going to make the turn to wait and let the oncoming traffic pass. The main burden of the defendant's case was that he thought he had 1 time to turn and suddenly found lie had not. In answer to the issues submitted to it the jury found that the defendant had been negligent, but the plaintiff had not been. It awarded £350 general and £l2B special damages. His Honor entered judgment accordingly. Mr. Goldstine was granted leave to move for a new trial within 14 days.