£5250 FOR CYCLIST

New Zealand Herald, Volume LXXV, Issue 23115, 13 August 1938, Page 2 (Supplement)

£5250 FOR CYCLIST

"A PERMANENT CRIPPLE" SEQUEL TO ACCIDENT RUNAWAY HORSE INVOLVED Damages of £5250, with costs, were awarded at Liverpool Assizes to a cyclist who, it was stated, would be a permanent cripple as a result of an accident in which a runaway horse was Involved. Plaintiff, Walter Basil Philcoclc, aged 88, of Kminora, Cheshire, a school earotaker, sued 'John Warburton. of Euncorn, and the Runcorn and Widnes Industrial Co-operative Society, for injuries received on I\ovenil>er 27 last. _ Mr. Norman Birkettj K.C., for Philcock, remarked that the Judge must be growing inured to counsel saying injuries were "grave and terrible," but if ever there were a case in which this language could be applied, it was this one. Tho only issue was damages. Warburton was in charge of a horsedrawn van belonging to the Co-opera-tive Society. Tho horse ran away, and Philcock, who was on his bicycle, was struck by the shaft, pinned against a wall, and then run over. He never lost consciousness, suffered terrible pain, and it was impossible to call him to give evidence. "The lower part of this man's body from the waist downwards is completely paralysed," added Mr. Jiirkctt, "and doctors will tell you that no surgical skill even 'of tho highest possible kind can bo of value to him. He is a permanent cripple." Medical evidence was given that. Phileock'-s present expectation of life was 12 years, against 25 years in normal circumstances. Mr. Justice Greaves-Lord, in awarding the damages, commented that it was an impossible task to translate pain and suffering into money.