DAMAGES CLAIM

New Zealand Herald, Volume LXIX, Issue 21347, 23 November 1932, Page 16

DAMAGES CLAIM

INCIDENT ON BRIDGE

CYCLIST AND A BUS

DRIVER NOT NEGLIGENT

VERDICT FOR DEFENDANT

[from our own correspondent]

HAMILTON, Tuesday "An accident on the Hamilton traffic bridge on April 28 last had a sequel in the /Hamilton Supreme Court to-day, when George Crozier, gardener, Frankton (Mr. Sullivan), sought to recover £B7B 8s 6d from Atha Leslie Albert Dent, \ formerly a bus proprietor of Te Aroha \ (Mr. King), as damages, g In his statement of claim plaintiff said on the morning of April 28 he was cvcling across the Hamilton traffic bridge when an omnibus owned by defendant, and driven by James Paterson, overtook him, forced him against the parapet of th<> bridge and caused his chest to bo crushed. He alleged that defendant s employee had driven the vehicle negligently.

Caught Rail With Hand

Plaintiff, who said he : was 61 years of age, gave evidence that lie passed defendant's bus, which was then stationary, at the Waikato County Council's office. When he was three yards from the traffic bridge he heard tho bus approaching behind him. He kept close to the left railing of the bridge and had proceeded 30 vards when he realised that the bus was likely to hit him. Ho caught hold of tho tail with his left hand.

The bus struck him and crushed his chest against the rails, continued plaintiff. bones were broken, but his chest was severely hurt. The bus did not stop. He saw a doctor that day and nine days later he went into hospital for a fortnight. He had been unabio to work since the accident. Plaintiff said he did not try to race the bus on to the bridge. Dr. F. A. Lamb gave details of plainlift's injuries. He had abrasions on tho left hand and bruises on the left side of the chest, 'and he appeared to bo in pam. Witness thought there had been a dislocation of a cartilage. Plaintiff had no one to look after him so he was admitted to the Waikato Hospital for a fortnight. He was now suffering from traumatic neurasthenia and traumatic fibrositis. Witness considered plaintiff would be normal 18 months after the time of the accident.

Evidence of Constable Constable Aplin said he followed the bus on to the bridge in a car and saw the plaintiff cycling abreast of the bonnet of the bus. He noticed that the front of the bus was veering to the left and that plaintiff would be jambed against the rails. Witness saw the bus appear to strike the plaintiff and cause him to turn round. When interviewed later, the •driver of the bus said he did not see the cyclist and that his attention was momentarily diverted by a passenger speaking to him. He was unaware that Crozier had been htirt.

Witness said he could find no sign on the bus of the cyclist being dragged along its side. Mr. King said the defence would be that the accident was the fault of the plaintiff only. He tried to race the bus on to the bridge, and when it overtook him he fell" against the rail. The driver of the defendant's bus, James Paterson, said he was not aware of the accident until interviewed by the police. Had, Crozier been in front of him he would have seen him.

Attention Momentarily Diverted Cross-examined, witness admitted that his atfention was diverted by a passenger who spoke to him as his bus got on to the bridge. Dr. H. Douglas said he examined the plaintiff and could find no trace of physical disability as the result of the accident. He complained of paiil, but witness could find no evidence as to the cause. He thought plaintiff should have been well six weeks after the accident.

•Miss Mary Craig, of Morrinsville, a passenger in the bus, said the bus passed the cyclist two chains before the bridge was reached. The cyclist apparently tried to race the-bus and overtook it as the bridge was reached. A pedal of the fycle touched a step on the bridge and the front wheel wobbled. Crozier then caught hold "of the rail to support himself. As far as fitness could see the bus did not touch Crozier.

The jury found that the defendant's employee had not been negligent, and gave a verdict for defendant. Judgment was entered -accordingly with costs to defendant.