CLAIM FOR DAMAGES

New Zealand Herald, Volume LXXII, Issue 22100, 4 May 1935, Page 17

CLAIM FOR DAMAGES

ACCIDENT AT OHINEMUTU j WOMAN PEDESTRIAN'S INJURY [BY TELEGRAPH —OWN CORRESPONDENT]! RGTORUA, Friday The hearing was concluded in the Rotorua Magistrate's Court to-day, before Mr. S. L Paterson, S.M., of the case in which Mrs:. M. E. Wood, of Rotorua, claimed £360 as damages from the Rotorua,, Bus Company for injuries received through the alleged negligent driving of a bus on the evening of December 3. The accident occurred when plaintiff was walking on a narrow road in the village of Ohinemutu. Mr. Roe, for plaintiff, contended that a pedestrian had an absolute right to walk on' Jiny part of a. road he chose, provided he kept in the direction of the traffic.' Whether a footpath fol-, lowed the road or not, the onus was on the driver of an overtaking vehicle to avoid pedestrians whom he might see in front of him.

The term "public highway," said counsel, allowed the pedestrian as much latitude as that granted a vehicle. In the present the road was so steep and narrow that n specially sharp look-out should have been kept. On that particular evening, moreover, Ohinemutu was crowded with visitors. Mr Davys| for the defendant company, said an overhanging hedge casting a deep shadow made it impossible f? r the driver of the vehicle to distinguish any. pedestrians who miglat happen to be £m the road. . The magistrate said he would take time to consider his decision.