ACCIDENT ON BRIDGE

Sun (Auckland), Volume III, Issue 836, 3 December 1929, Page 16

ACCIDENT ON BRIDGE

INJURED CYCLIST GETS DAMAGES

CAR OWNER AND DRIVER PAY Press Association WELLNGTON, Monday. An elderly man, Arthur Cometti, a builder, was plaintiff in an action for damages heard by the Chief Justice, the Hon. M. Myers, ift the Supreme Court today. The defendants were Bernard Jackson Liez and Madelina Liez, hjs wire (sued in respect of her separate estate). It was claimed that the plaintiff, who is 75 years of age, was riding a bicycle from Petone to Lower Hutt on Sunday, May 19 last, when he was run down on the new Hutt Bridge by a motor-car belonging to Liez and driven by his wife. As a result, it was alleged that plaintiff’s health was shattered to such an extent that he was now unable to work. He claimed £34 10s 6d special and £450 general damages. It was alleged that the accident was due to the negligence of Madelina Liez in failing to keep a proper lookout or exercise proper care and in not being competent to drive, as she did not possess a driver’s licence. The defence denied the allegations of negligence, and pleaded that if it were proved that plaintiff suffered injury as a result of a collision with defendant’s car, then the accident was due to the contributory negligence of plaintiff in riding on the wrong side of the bridge, failing to keep a proper look-out, and turning his bicycle into the side of the car. In giving his decision, his Honour said the questions of fact, and of the two versions he preferred plaintiff’s evidence. Judgment was entered for plaintiff for £229.