MOTOR CYCLE COLLISION.

Otago Witness, Issue 3114, 19 November 1913, Page 55

MOTOR CYCLE COLLISION.

ACTION' FOR DAMAGES. On Monday morning his Honor Mr Justice Williams and a jury of 12 had before them an action, in which Henry Henderson, of Anderson's Bay, commercial traveller, sued George Leslie, of Gleniedi, farmer, for £5Ol, damages sustained through two motor cycles colliding. The statement of claim set out that plaintiff was employed by A. and J. .M'Farlane as commercial traveller at a weekly salary of £4 and travelling expenses. On February 10 he was riding his motor cycle on the Main South road near Otokia, and proceeding in a southerly direction, when defendant so carelessly and negligently rode his motor cycle that it collided with that of plaintiff, and knocked him down and broke his right leg. By reason of the collision plaintiff had been put to great pain, inconvenience, and considerable expense for surgical attendance, nursing and hospital fees. Since the date in question he had been prevented from pursuing his occupation, and therefore claimed £5Ol damages. Defendant, in Ins reply, denied that be had at any time carelessly or negligently ridden his motor cycle, and that the careless or negligent manner in which plaintiff had ridden his cycle was solely responsible for the collision. If there had been any negligence on the part of the defendant there, had been contributing negligence on the part of the plaintiff, which wad the cause of the accident. Mr J. C. Stephens appeared for the plaintiff and Mr Alex. S Adams for defendant. On the court resuming at 2.15 p.m., Mr Adams stated that since the adjournment ho had conferred with his client and his learned .friend, and they had agreed that judgment should ho entered up for the plaintiff for £3OO and costs in the usual way. His Honor entered Judgment accordingly, and notified the jurors that they were discharged.