DAMAGES CLAIM FAILS
OUTCOME OF MOTOR SMASH
PLAINTIFF PROVED CARELESS
The claim for £313 damages brought forward in the Supreme Court yesterday by a motor-cyclist as the result of a collision on the Tirau-Rotorua Road, on December 24, 1927, was dismissed by Mr. Justice MacGregor. A counter-claim for £l6 5s was upheld. The plaintiff was Christopher Anderson, labourer, of Auckland, and the defendant Edward Percy Earle, registrar of the Native Land Court, Devonport. Anderson, who was represented by Mr. Reed, alleged that the collision, in which one of his legs was broken, was caused by Earle’s negligent driving. Earle, through Mr. Richmond, denied all negligence, and contended that the accident was caused by the contributory negligence of plaintiff. His Honour said that the plaintiff suffered as the result of his own negligence. He was on the wrong side of the road, and was unsuccessful in avoiding the car in attempting to change to the other side of the road.
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Bibliographic details
Sun (Auckland), Volume II, Issue 409, 18 July 1928, Page 13
Word Count
159DAMAGES CLAIM FAILS Sun (Auckland), Volume II, Issue 409, 18 July 1928, Page 13
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