MOTOR CYCLE ACCIDENT.

Rangitikei Advocate and Manawatu Argus, Volume XLV, Issue 12017, 26 March 1920, Page 5

MOTOR CYCLE ACCIDENT.

CLAIM FOR DAMAGES. At Marton Court yesterday before Mr J Logan Stout, S,M;, H J Dudley (Mr R Mackay) claimed £lO7 13s 6d from O McDowell, compensation for injuries received by ,a motor cycle accident. Plaintiff stated that on the night of September 6th he was standing on the opposite side of the Town Hall, in Wellington Road, with one toot on the kerbingand one in the gutter. It was about dusk and he ;was talking to hie wife when he was knocked over by a motor cyclist (McDowell) who came along without any warning. His wife was also knocked over. Witness was assisted up and taken into rooms near by. Defendant came in and asked if they were hurt. Witness replied that his knee was painful, but he did not think it was serious. On Sunday defendant called on witness and said he did not think the fall the night before would have caused tha injury to the knee. He said he was getting away from the Town Hall when his bike got away from him. He was very sorry for the accident and said he hoped witness wonld soon be all right. Witness was in bed live weeks, ont for three, and then had to go to Wanganui Hospital for seven weeks. Prior to the"accident his leg was all right. From September 6th to January 6th he did not receive any wages. \

To Mr Ongley: Had had rheumatism in his knees and hips, and had bean in France, He could not deny that whan the machine struck him McDowell was underneath. Witness did not think he had made his leg sore by walking. During the spell between being in bed and going to Wanganui Hospital he had walked to town once or twice. During his disablement he had received from his Lodge £1 per week, hut he was not on the doctor’s list. On the afternoon of the 6th he had been in a motor car which had collided with another, but he was not injured. Dr Warren deposed to having visited plaintiff thoday after the accident, and found him suffering from synovitis, which could be caused by a shock or wrench. After some treatment he found the patient was not progressing satisfactorily, and after a consultation with another doctor, it was decided that Dudley must go to the Hospital. Mrs Dudley, who was also knocked down, and other witnesses, said the bicycle came without any warning. They did think the bike had a light and did nob see it turn over. W E Olver said the bike started from the Town Hall. In turning round it seemed to get out of control and made a buzzing noise. He did not see any light on the machine. He saw Mr Dudley lying on the ground and a lady getting up. When Dudley was taken into the auction room, McDowell was still on his bike. Witness did not see the bike tip over on top of McDowell. Mr Ongley applied for a nonsuit as there was no evidence of negligence. He contended that complainant was not making lawful use of the highway, standing and talking on the kerbing. It was an unfortunate accident which plaintiff had aggravated by-walking about. In turning his machine around the side car had Itilted over and skidded some little distance before striking the Dudleys. , C E McDowell stated he came into Marton with two passengers, and stopped in front of the Town Hall. He had a light. His friends got off and when ha was turning round to go back he did so on low gear, at about five miles an hour. As he turned over the crown of the road the side car tipped up and as he tried to right this he polled the benzine lever. The machine skidded some few feet, the car coming on top of him. Dudley was standing partly on the footpath and partly in the gutter. Whe'n in the auciou room Dudley showed him a braised arm, but did not say anything about a bad knee. On Sunday Dudley complained of a bad knee, and said it was water on the knee, but witness considered the swelling had come too soon. He would not have struck the Dudleys had they been standing on the footpath. To Mr Mac Ka y; He had been riding for 10 years.and this was his first accident. A Stone on the road would uspet a side car. The crown of a road was always awkward in turning. Considered st quite legitimate to turn at about four miles an honr. M B Laing deposed that she saw McDowell start to turn round very carefully. Immediately after she saw that the side car had turned over and that McDowell was underneath, and Dudley was in the auction mart. His Worship reserved his decision.