PEDESTRIANS' OBLIGATIONS.

Otago Daily Times, Issue 21214, 20 December 1930, Page 11

PEDESTRIANS' OBLIGATIONS.

WARNING BY MAGISTRATE. CLAIM AGAINST MOTORIST FAILS. ' i. (Feb United Press Association, i WELLINGTON, December 19. A warning to pedestrians that they must observe their obligations oh the highway was administered ny Mr E. Pago, S.M., to-day in a case in which George Albert Hansard, of Wellington, sued William Duncan, of Wellington, for £167 damages for injuries received from an accident on April 9. It, was alleged that the defendant failed to keep a proper lookout, and the defendant alleged contributory negligence, relying on the fact that Hansard walked in front of parked care and proceeded to cross the road without keeping a propfer lookout. ■' Mr Page said the evidence was that the car could be seen plainly some distance off as the road was well lit. If a pedestrian got into a dark spot it was almost impossible to see him under the conflicting lights and on wet bitumen until the car had reached him. The magistrate was not satisfied that negligence bad been proved against the defendant, and that was fatal to the plaintiff’s claim. On another ground, however, he thought the plaintiff could not succeed. A pedestrian in the circumstances detailed was in a better position to see an approaching car than a motorist was to see him. The plaintiff could have seen the car if he had looked properly and could have avoided it. The plaintiff was guilty of contributory negligence, and that barred him from recovery. Judgment was entered for the defendant, with costs.