DAMAGES AWARDED

New Zealand Herald, Volume LXIX, Issue 21346, 22 November 1932, Page 12

DAMAGES AWARDED

SEQUEL TO COLLISION

MOTOR-CYCLIST WINS CASE

ACCIDENT AT RANGIRIRI

[FROM OUR OWN CORRKSI'OVDENT]

HAMILTON, Monday A claim for £959 damages arising out of a motor collision on the main south road at Rangiriri on March 5 was heard before Mr. Justice Herdman and a jury to-day. Tho plaintiff was Richard Kirk Stono, farm hand, Walton (Mr. King), and tho defendant was James Given, farmer, Walton (Mr. Richmond). Plaintiff stated that ho was riding on a motor-cycle from Pukekohe to Walton on the evening of March 5, and when on a bend on the road near the Whangamarino School a motor-car driven by defendant struck him. Plaintiff said he was thrown off his machine and suffered a compound fracture of the right leg «nd thigh. Allegation About Speed

Plaintiff said ho was travelling at from 15 to 20 miles an hour on the correct side of the road, and that tho car was travelling at 40 miles an hour. There was nothing he could have done to have avoided tho collision. It was not dark at tho time. Tho defendant drove straight at him. Plaintiff claimed £209 special damages and £750 general damages.

Dr. R. S. A. Graham gave details of plaintiff's injuries, and said it would be six months before he could do farm work. Dr. G. W. Gower gave similar evidence.

William Giilan, farm hand, Ngarua, said ho was pillion riding with plaintiff at the time of the accident. He saw delendant's rat- 150 yards before the point of the impact was reached. The car crashed into the cycle, narrowly missed a telegraph pole, and, leaving the main highway, plunged through some scrub to a clay road below. Witness said ho was bringing a claim against defendant.

■ A motor mechanic, John Armstrong Sinton, said ho considered the tyres of the car were inflated at the time of tho accident.

Cross-examined, witness agreed that a car often became uncontrollable after a blow-out of a tyre.

Case for the Defence Ashley Franks, a vulcaniser, expressed the opinion that tho damage to tho tyre and tube produced were not caused by a blow-out. Mr. Richmond said the defence denied the allegations of speeding and negligence. lie said both vehicles were travelling near tho centre, of the road and that just before the impact one of defendant's tyres blew out and caused his vehicle to swerve to the right. It was not alleged that plaintiff was to blame, but on the other hand it could not be held that defendant was responsible. Giving evidence for the defence, Herbert Mclndoe, farmer, Te Kauwbata, said he was travelling behind plaintiff's motor-cycle at a moderate pace. The accident occurred round a bend out of his view. He noticed defendant's car cross tho road at right-angles. Plaintiff and his companion were lying on the road with tho motor-cycle on top of them when witness reached tho spot. The car had run off the road.

Cross-examined, witness said the motorcycle was driven carefully. The conclusion ho reached was that the car and cycle were travelling close to the centre of the road.

Sudden Swerve of Car

Dr. E. C. Brevvis said ho considered that there should be no permanent incapacity in plaintiff's leg. There was no reason why ho should not bo allowed to use his leg in a year's time. Defendant said ho was driving alone at the time of the accident. His brakes were in good order. He was travelling at 28 miles an hour. On negotiating the bend he saw the motor-cycle 40 yards away. It was approaching at about 20 miles an hour and was on its correct side near the centre of the road. When the motorcycle was a few yards away defendant's car swerved to the right. He attributed tho action of the car to a puncture. Defendant said he tried to swerve to the left, but a collision occurred.

Defendant said he did not think he applied the brakes. He said he felt a tyre deflate. There was nothing he could do to avoid the collision.

Evidenco was given by William Matthew Stephenson that he heard a report like a blow-out and then saw the car swerve to the right and hit tho motorcycle. The car had a flat tyro after the accident.

Stanley Victor Headland, consulting motor engineer, said file bursting of tho tyro would cause a car to swerve off its course.

After a retirement of about three hours tho jury returned a verdict for plaintiff for £3OO general damages and £209 special damages. Judgment was entered accordingly.