£1131 DAMAGES

New Zealand Herald, Volume LXXV, Issue 23055, 4 June 1938, Page 15

£ll3l DAMAGES

CYCLIST'S INJURIES COLLISION WITH CAR EVIDENCE FOR THE DEFENCE • JURY'S MAJORITY; VERDICT The hearing of a claim for £IOOO general and £425 special damages resulting from a motor collision at the corner of Ngapipi Avenue and Tamaki Drive on the night of August 20, 1937, was concluded before Mr. Justice Fair and a jury yesterday. The claim was brought by Donald Thornton Goodwin, butcher's shop assistant (Mr. A. A. Coates), against Bertram O. McAneriy, of Remuera, warehouseman (Mr. Goldstine). The jury awarded plaintiff a total of £ll3l on a majority verdict. Plaintiff was riding a motor-cycle with a pillion passenger at the time of the accident, and defendant was driving a motor-car. Plaintiff alleged that the accident was due to defendant's negligent driving, but defendant denied any negligence and asserted that the accident was due to plaintiff's own negligence. For the defence, medical evidenoe was called as to the extent of plaintiff's injuries. Defendant in Witness Box Defendant said he was driving home with his wife at the time of the accident. His lights were burning and he was travelling on his correct side at about 15 or 18 miles an hour. The motor-cycle would be 50 or 60 yards from the point of impact when he first saw it, and he did not expect trouble. Just as he started to turn the light of the cycle was right on him, and he pulled his wheel straight and braked to let the cycle go through. The cycle struck the car between the radiator and the right-hand light, a terrific impact, said defendant. His wife was thrown out of the left door and so was he. It was plaintiff, not witness, who said he did not see anything. Defendant's wife, Mn». lvy Edna McAneny, estimated their speed at 20 miles an hour, and said the car was on the correct side of the road. Just as her husband started to turn, the light of the motor-cycle loomed up from nowhere and came straight at. them. The impact was terrific. An Eye-witness' Estimate

An insurance clerk who was an eyewitness of the collision, E. T. F. Alillet, estimated the speed of the motorcycle at between 40 and 50 miles an hour and of the car at about 20 mile® an hour.

R. N. Bayliss, an expert in speedometers, said he would expect the speedometer to show the speed it haa been registering at the time of the accident. It might, however, be so damaged by the impact that it would not give a correct reading. After an absence of the full four hours the jury returned to report that by a majority of nine to three it had agreed to award the plaintiff £BSO general and £2Bl special damages. Judgment was entered accordingly, and Mr. Goldstine was granted an extension of time within which to move for a new trial on the ground that the verdict was against the weight of evidence. « ==========