STREET ACCIDENT IN BATH.

Otago Daily Times, Issue 19764, 15 April 1926, Page 15

STREET ACCIDENT IN BATH.

NEW ZEALANDER’S INJURIES. CLAIM AGAINST BRISTOL FIRM. VERDICT FOR DEFENDANTS. (From Odb Own Correspondent.) LONDON, March 10. * Before leaving on his return to New Zealand, Mr Guy Featherstone Johnston, of Wellington, gave evidence on commission regarding a motor accident that happened to him while on a visit to Bath last August. At Bristol Assizes, Mr Justice / very, with a special jury, heard an action for damages arising out of this accident, and in the result the verdict was given against the New Zealander, whose counsel were Mr Holman Gregory, K.C., and Mr E. Hancock (instructed by Messrs Stanley and Co., London). Mr J. A. Hawke, K.C., and Mr E. H. C. Wethered represented the defendants, Messrs Christie and Long, motor proprietors, of Eastville Garage, Bristol. Counsel for plaintiff said the claim was for personal injuries caused, it was alleged, by the negligent driving of a motor car by the defendants’ servant. The defence was a denial of negligence and an allegation that the accident was contributed to by the negligence of the plaintiff. The accident took place at Bath on August 15, at about 4 o’clock in the afternoon. The plaintiff, who was managing director of Johnston and Co., general merchants, of Wellington, was in England on a visit, and was staying at Bath. He went for a walk through the centre of the city to the Sydney Gardens. He was crossing the road, and had got half-way across when the defendnts’ motor-car, coming down the incline, ran into him. He was knocked down and seriously injured. The car struck him on the shoulder and broke his collar bone. A finger on one hand was broken as well as both bones in one of his legs. The action was brought to recover the money the plaintiff spent in curing himself, as far as possible, before he returned to New Zealand, and damages for pain and suffering and permanent injury sustained. Plaintiff's evidence was taken before he returned to New Zealand. Plaintiff had a conversation with a boy on the edge of the pavement, and seeing nothing to prevent his crossing to the entrance to Sydney Gardens proceeded across when, half-way across he heard a yell, and the car whizzed past him, knocking him down and inflicting the injuries mentioned. The total expense in medical, surgical, and nursing fees in Bath and London was £6ll Is lOd. AN END TO GOLF. The evidence of-the plaintiff taken on commission, was read, and he stated that he was just off the pavement in the road when talking to a boy. The road was quite clear when he went to cross and there was no danger. He went diagonally from Sydney Place to the gate of the gardens, and the car whizzed by at not less than 25 miles an hour. The next thing he knew was that he was on the ground, to which he was hit by the car. He was three and a-half weeks in hospital at Bath, and eight weeks in a nursing home in London. He had to use crutches until December. Referring to the injury to his finger he said: “I am a fairly keen golfer, and it looks as if that is put an end to.” Mr Hawke, interposing as to the charges, said defendants did not agree that they were proper charges and they would be a subject of discussion. The plaintiff further stated that he had lost in business because he was “out of action” and he was delayed in his return to New Zealand, to which he had booked his passage for October 9. Cross-examined : He could not estimate his business loss through the accident, but he had lost, as his personal absence from it was detrimental. He did not admit that he walked into the motor car as it was passing him. He denied that he did not look up, but walked straight across as the car was close on him and walked into it. The car was going at 25 miles an hour and not 10 miles. The car did not pull up within its own length. He agreed that 18 guineas a week was a high charge for the London nursing home, but he went there on the recommendation of his doctor. Harold Moody, a youth, gave evidence of being spoken to by the plaintiff, both standing on the edge of the pavement. After leaving plaintiff he heard a shout, and looking round, saw the plaintiff falling to the ground. The motor car had passed him. The plaintiff was about five paces from the kerb on which they stood when he was knocked down. Messrs Albert C. Hercombe (motor bus driver to the Bath Tramway Company) and Leonard Ball (who was taking a traffic census at the spot) gave evidence in support of the - laintiff’s case, the latter putting the pace of the car at 10 to 12 miles, an hour, and in cross-examination said the car was taking the ordinary course. NURSING HOME CHARGES. Dr A. Sutherland gave evidence as to the injuries of the plaintiff. He was reminded by Mr Hawke of the charge of 18 guineas per week in the London nursing hor- and in reply to a question said that first-class nursing accommodation could be obtained at Bath at six guineas a week. Dr Lewis, of Bath, also gave medical evidence, and said the plaintiff would always have a deficient grip of the right hand. TEN TO TWELVE MILES AN HOUR. Albert C. Hercombe said he saw the plaintiff on the pavement as he passed before the motor came round the bend. Leonard Ball put the pace of the car at 10 to 12 miles an hour. Cross-examined by Mr Hawke: Witness was n< a golfer. Counsel illustrated the action of a driving swing, and suggested that the plaintiff would be able to play golf practically almost as well as before the accident, but witness said he would not be able to take a full swing. Mr Hawke: He could take a half or three-quarter swing. Don’t forget, the drive is not dona with the right hand, but with the left hand, the right hand being only a guiding feature. (Laughter). It is suggested to me that if he is playing a jarring niblick shot—. JUDGE STOPS GOLF LESSON. The Judge: Is it worth while occupying time in teaching this gentleman to play golf? (Laughter). (Counsel did not pursue the question, but called Dr E. T. Glennie, of Clifton, to give evidence for the defence for his convenience. Witiness said that there was a negligible disability in the plaintiff’s leg, an i the injury to his leg and collar bone would not affect him in his business, as he would be able to write and attend thoroughly to his business. Witness played golf to a moderate extent, and he did not think the plaintiff's injuries would affect his golf at all. P. C. Morse said he examined the marks of the skidding of the car and found the off wheel was seven paces from the near kerb, but he did not measure the distance from the near side of the pavement. THE DEFENCE. Mr Hawke, for the defence, urged that the defendants’ driver was going at a reasonable pace. He was an experienced man with a clean, license, who had given the defendants complete satisfaction for five oi six years. After indicating the evidence he would call, counsel suggested that the truth was that the plaintiff was talking to the boy Moody, and without warning started to walk into '.he road into the side of the oncoming car. C. W. L. Boniface, the driver, said his pace was eight to 10 miles an hour, and that the plaintiff turned suddenly and walked into the car as it was level with him. In cross examination witness said that Moodv came un to him and said “What’s thee think of that? He turned round and walked straight into thee." Mr Frank R. Williams, timber merchant, Bishopston, Bristol, who was driv-

ing his car along Sidney Place, said the defendants’ car was going at a moderate pace near the centre of the road. The plaintiff, who had his back to the road, turned suddenly and moved across the road into the side of the car as it was passing. Witness did not think there was anything the driver could have done to avoid the plaintiff, as it happened in a moment. Cross-examined: The plaintiff had walked eight or nine feet into the road when he was knocked down. Mr Martin R. William?, son of the last witness, and who was with his father, corroborated. Mr J. J. Long, member of the defendant firm, said he called on the plaintiff next day, and expressed regret at the accident, and plaintiff said: “You know he (the driver) was driving too fast,” but witness said be did not think it well to discuss that then. THE QUESTION OF DAMAGES. In reply to the Judge, Mr Hawke said he admitted the special damages totalled £553 13s 2d. Mr Gregory said he would agree to the round figure of £560, and that sum was accepted by both sides to be put before the jury. Mr Hawke suggested that it was unnecessary for the plaintiff to go to an expensive home in London, and that the plaintiff was not entitled to recover £566 unless he satisfied the jury that 18 guineas a week for a hed there was necessary when he could get the same attention for six guineas in Bath. Plaintiff had not proved any business loss, and counsel suggested that plaintiff had recovered well. Having dealt with the question of damage. Mr Ha'v„e addressed himself to the question as to whether the plaintiff had made out anv case at all, and criticised the evidence for the plaintiff, which he urged had proved no negligence on thi part of the driver of the car. On the other hand, he contended that by not taking proper care the plaintiff contributed to his own misfortune. Mr Gregory submitted that there was obvious negligence on the part of the driver in knocking down a man walking across a 36ft road, which would give room to avoid him or to pull up. The driver, he urged, was either not keeping a proper look-out, or driving recklessly, and that the plaintiff was entitled to substantial damages. The jury returned a verdict for the defendants, for whom judgment was given with costs.