£935 DAMAGES CLAIMED

Sun (Auckland), Volume IV, Issue 1043, 6 August 1930, Page 10

£935 DAMAGES CLAIMED

MOTOR-CYCLISTS SUIT ACCIDENT AT PAPATOETOE Claiming £935 damages for injuries he received in collision between his motor-cycle and a motor-van near the Papatoetoe station on Alarch 15. 1I2». Alexander Bruce Black sued H. a. Bassett in the Supreme Court today. The actior was heard by Mr. Justice Herdman and a jury of twelve. This is the second trial, the jury disagreeing when the case was first heard in February this year. The plaintiff, who was a carpenters apprentice, claimed that on March 15, 1929, he was riding along Hillcrest Road. Papatoetoe, and at the intersection of this street :nd Station Road a collision with a motor-van driven by employee of iefendant's took place. 1l was alleged that accident was caused solely by the negligence of the van-driver i l driving on the vrons side of the re ad, at an excessive speed, failing to ke**p a proper look-out, and failing to giv * warning of his approach. The allegations of negligence were denied by tiie defendant, who is a milk-vendor, who counter-charged the plaintiff with contribu ory negligence. Air. North croft and Mr. Stevens appeared for the plaintiff, and Mr. Meredith and Air. AlcCarthy represented the defendant. Air. Northcroft stated that as the motor-cyclist rounded the corner into Station Road on his correct side, the milk van, which was hopelessly on Its wrong side, collided with him. He submitted that the van must have been travelling at an excessive speed when the vehicle could not be stopped for 40 feet with the brakes hard on. The van-a river claimed that he had pulled over to the right to avoid people who were on the road.