INJURY TO FACE

New Zealand Herald, Volume LXXIII, Issue 22574, 12 November 1936, Page 16

INJURY TO FACE

SOUGHT PILLION; RIDER'S CLAIM COLLISION AT AVONDALE DEFENCE DENIES NEGLIGENCE A pillion rider on a motor-cycle, Neil Paterson, labourer, aged 19, brought a claim for damages in the Supreme Court yesterday against Harry Mills Waygood, of Avonclale, garage proprietor. Paterson was injured in an accident at tho corner of the Great North Road and Old Windsor Road, Avondale, at 7.45 p.m. on March 5 last. He was pillion riding on a motor-cycle which camo into collision with defendant's motor-car, then being driven by his son, James Leslie Mills Waygood. Plaintiff suffered severs face injuries, including a broken nose, and alleged that ho would bo permanently disfigured, and had permanently lost his sense of smell. He claimed £-15 special and £750 general damages on the ground that tho accident was due to Waygood's negligent driving. Defendant denied all negligence. Tho case was heard by Mr. Justice Callan and a jury. Mr. Haigh appeared for plaintiff and Mr. Goldstine for the defence. Case for Plalntifl ' Mr. Haigh said that plaintiff alleged that the lights of defendant's car were not switched on until just before the collision. The car cut tho corner. Plaintiff, who sued through his guardian ad litem, Charles Frewen, said tho motor-cycle was driven by Kenneth Coleman, and they were travelling at about 15 or 20 mile* an hour. Coleman was unconscious after the collision. To Mr. Goldstine, witness said that Coleman had had tho cycle only a day and they were seeing how it went. He was sure the car had no lights 011 when it camo out of Old Windsor Road. He did not know whether Coleman applied the brakes. Witness had not gone back to hospital to have bis nose attended to, as directed, because he had bad six weeks in hospital and was "pretty well fed up of it." Question About Claim Witness said ho did not know whether a Mr. Taylor was putting in a claim on his behalf. He did not know Taylor before this accident. Taylor was not a solicitor. Frewen was a friend of witness', aged 21. Witness did not know if Frewen was managing this claim for him. His father had told him ho could not stand as his guardian. Ho did not know how much Taylor was to get or how much Frewin was to get if he won his claim. To His Honor, plaintiff said that Taylor was a complete stranper both to himself and to his father before the accident. Two other witnesses for plaintiff said they had seen lights come on suddenly in defendant's car just before the 6mash. Both had been approached by Taylor, and ono of- them described him as "an accident adjuster, or something to do with accidents." Dr. K. MacCormick said that plaintiff had had extensive fractures of the frontal bones extending into both eye sockets. One or two operations would be necessary to correct tho nose deformity. Contentions by Defence Mr. Goldstine said the accident was wholly due to the negligence of the driver of the motor-cycle in travelling at a grossfy excessive speed and failing to keep a proper look-out. Counsel commented on the fact that he did not appear to give evidence. * Defendant said he had been in the back seat of tho car and his son was driving. They started from his garage about 100 ft. from the Great North Road, and ho was certain the lights were on. They travelled at between eight and ten miles an hour, and never got out of second gear. He first saw the cycle about 50yds. away, and there appeared to be ample time to cross into St. Jude Street. The cycle crashed into the side of the car when the car was in the centre of the concrete. The cycle must have travelled more than 150 ft., while the car travelled less than 50ft. J. L. M. Waygood, aged 19, wno had been driving the car, said he was positive that his lights were on and his speed slow. When he saw the cycle close he thought the best chance of avoiding an accident was to get across in front as quickly as he could, and so he stepped on the accelerator. Early in Mr. Haigh's cross-examina-tion the witness fainted and an adjournment of the Court was taken. He was excused from further questioning. Further evidence was given by a passenger in the car and an eye-witness who had been on the pavement. The Court adjourned until to-day earlier than had intended on account of the illness of a juryman.