CLAIM FOR £3400

New Zealand Herald, Volume LXXVI, Issue 23356, 26 May 1939, Page 16

CLAIM FOR £3400

INJURED PEDESTRIAN

STRUCK BY MOTOR-CYCL^

ALLEGATION OF NEGLIGENCE

ACCIDENT AT HOROTIU

[l-ROII OUR OWN CORRESpoxDgWj ■' HAMILTON. Thursday Arising out of an accident on 'ijjM Great South Road on the night of T p--16, 1036, Peter Raymond SusaV-' formerly a freezing works empl OVe . Huntly, £3401 damages fr o Cleary Wintere, farmer, of Horotiu U fore Mr. Justice Reed and a jury * the Supreme Court at Hamilton r Mr. Tompkins appeared for the pfe^ tiff. Defendant was represented by Jfr" Strang. " ' Plaintiff t was knocked down by motor-cycle ridden by defendant and seriously injured. He alleged that tho accident was caused by the neglig ence of defendant. The defence denied negligence and claimed that the a'cei. dent was due to the negligence of plain, tiff. PlaintiS's Evidence Plaintiff said he was crossing tfo road near the sheep entrance to the Horotiu Freezing Works. He allowed a motor-car to pass and then proceeded diagonally across the road. When he first heard the motor-cycle he was neat the centre of the road and stopped there for'safety. He first saw the cycle about three or four yards away and it appeared to be going straight toward him. He called out for defendant? to stop and then moved a step further on. As he moved the cycle swerved slightly and struck him. Dr. 11. S. A. Graham, surgical superintendent of the Waikato Hospital. said plaintiff suffered among other injuries a compound fracture of the left thigh and a fracture of the pehris. It would bo'"unwise for him to engage in manual labour. Dr. G. W. Gower, of Hamilton, said plaintiff's expectation of life had been lessened. Dr. D. Martin, of Xgaruatfahia, said that he attended plaintiff on the night of the accident. Bloodstains on the road were nearer the centre than the edge of the road. - Defendant in Witness Box Constable W. E. McGruer, of Xgaruawahia, said he did not see any bloodstains on the road". Witness read a statement in which defendant said he was travelling- at a-low speed and was cijz liis correct side of the road. Defendant, in evidence, said he was travelling at about 25 miles an hour and was about four feet inside the white line on his own skje of the road. The light on hi:s motor-cycle was bright and be could see for a considerable distance ahead. When he first saw plaintiff the latter was about a yard from the centre of the road on witness' right hand side. Plaintiff took another step and then stopped approximately on the centre of the road. Witness swerved to the left" but plaintiff took several forward steps further on and collided with the cycle. The point of impact was about three feet from the edge of the bitumen. Flora Mary Fcnby, of Horotiu. said she and her husband met defendant'!; motor-cycle as they were walking, ft had a light and was travelling ai » moderate speed on its correct side« the road. Frederick Ernest fjenby, husband of the previous witness, said the light op defendant's cycle was a moderate one". The evele was tra v clling at about 2-5 or 30 miles an hour, about- halfway between the centre line and the edge of the bitumen. * The hearing was adjourned until tomorrow.