INJURED IN COLLISION

New Zealand Herald, Volume LXIX, Issue 21277, 2 September 1932, Page 14

INJURED IN COLLISION

DAMAGES CLAIM FAILS JUDGMENT FOR DEFENDANT [from our own correspondent] HAMILTON, Thursday The case in which William Gregan, farm hand, of Walton, claimed damages totalling £953 from William James Spargo, farm hand, of Tauhei, was continued in the Hamilton Supreme Court before Mr. Justice Smith to-day. The claim was the sequel to a collision between plaintiff's motor-cyclo and defendant's motor-cat on the Kiwitahi-Walton Road on October 22, 1930. plaintiff receiving injuries which, he claimed, incapacitated him for a year. Plaintiff said ho was riding his motorcycle home on the night of the accident. He noticed a portion of the road was covered in potholes and ho went to the incorrect side to avoid them. On seeing a light in the distance he swerved back to his correct sido, but could not remember anything after that. He was taken to the Waikato Hospital, where ho spent nearly a year. Ho was not yet fit to work. Cross-examined, plaintiff 6aid when ho changed over the approaching car was still some distance away. Athol Conning, a youth who was on tho pillion of plaintiff's machine, said tho motor-cycle was a few feet from the clay edge on the correct side of the road when it was struck. When approaching, defendant's car appeared to be on tho crown of tho road and he swerved to the wrong side just bofore the impact. He recalled a conversation with Spargo in which tho latter said: "You were on your wrong sido of tho road." Witness had replied, "Yes."

Angus McDonald, farm hand, of Walton, said after the accident tho car was on the wrong side of the road. At the time Spargo said both ho and plaintiff were at fault.

Evidence that plaintiff's permanent general disability was from 10 to 15 per cent was given by Dr. R. S. A. Graham, act-ing-superintendent of the Waikato Hospital. Defendant in evidence said he first saw Gregan's motor-cycle 400 yds. away. Defendant was on his correct side and slowed down. Up to a distance of Byds. away the motor-cycle approached on if s incorrect side and it was then that defendant pulled sharply across to his wrong side. Plaintiff swerved at the same time as lie did, but had defendant not swerved he would still have struck the motor-cycle. Defendant's evidence was confirmed by two passengers in his car. Robert Edward Jamieson, schoolmaster, of Walton, said he traced the track of the cycle on the incorrect side of the road for about four chains. ITo saw no evidence that tlie track turned over to the correct side some distance before the place where thp accident occurred. The jury found that both parties had boon negligent and neither could have avoided the accident. His Honor entered judgment for defendant, with costs.