MOTOR-CYCLES COLLIDE

Taranaki Daily News, 16 March 1928, Page 13

MOTOR-CYCLES COLLIDE

CLAIM FOR DAMAGES HEARD. BOTH RIDERS WERE INJURED. As a result of a collision between two motor cycles on the Breakwater Road, on the port side of the hotel, on May 26, Wilfred Victor Franklin claimed from Frederick Mitchell £7O general damages and £lB6 8s 6d special damages in the Magistrate’s Court yesterday. The claim was made up of £126 for loss of wages, £55 13s hospital expenses, £1 15s for massage and £3 Os 6d for damage to a motor cycle. After viewing the locality Mr. R. W. Tate, S.M., reserved his decision until this morning. Mr. C. H. Weston said that Franklin was a bootmaker who, at the time >f the accident was a waterside worke-. The collision occurred about 5.55 p.m. when it was fairly dark. Franklin was riding from town with his light on. He was travelling at a reasonable spe.'d and on his correct side. Mitehell, a labourer, had only ridden his machine about three days and it was contended lie had no light, was on his wrong side and was moving at an excessive speed. Franklin was in hospital over ■ three months with a leg broken between the thigh and the knee. His leg was now one inch shorter than the other. He was unable to work until December 8, and. even then was unable to obtain work for some time. Franklin, who said in his evidence that the first he remembered after the accident was finding himself In hospital, told Mr. L. M. Moss he was on his right side when he passed some hurricane lamps on some excavations. He could not remember where he was at the time of the impact. Under cross-examination by Mr. Moss, G. McDowell and H. Inch, who saw the accident, admitted that Franklin was riding on the wrong side. Mr. Weston said Mitchell had previously pleaded guilty to riding negligently and had no light. Mr. Moss: We admit he had no light. Referring to the convictions put in by Mr. Weston, he said that Mitchell had pleaded guilty on his advice because the cycle carried no light. Had they known of the evidence given that day, however, the cases would have been defended. It was a complete surprise to him that Franklin had gone on with the claim with the evidence in his possession. It was quite clear that the statement that Franklin was on his proper side had not been substantiated. His own evidence showed that he was on his wrong side, that Mitchell was not travelling at an excessive speed and that he was on his proper side. The only element against Mitchell was the absence of a light, but the evidence had shown that visibility was not bad and that traffic could be seen 200 yards ahead.

“I have never seen any case in which I was more entitled to move for a nonsuit than I am now,” continued counsel. Franklin’s own witnesses had shown that although Mitchell did not have a warning light Franklin could have seen anything on the road. Even if there had been no obstacle oh the road Franklin was not entitled to drive so carelessly that there would be a collision.

Franklin had absolutely proved his charge, submitted Mr. Weston. The position was that the accident happened on Mitchell’s wrong side, as proved by Inch’s evidence. The fact put the onus on Mitchell to prove that he acted rightly under the circumstances. Mr. R. W. Tate, S.M., said that as the accident happened on Mitchell’s wrong side the onus was on Mitehell. Mr. Moss said the evidence would show that Franklin was on his wrong side and that in the emergdhey Mitchell, in trying to avoid a collision, swerved slightly to the right and that Franklin, in trying to get on his proper side, swerved to his left. Mitchell said h e left the wharf about 5.50. He passed a number of men walking on tho Vbad before coming to McDowell. The road was narrow there and there was a tramway loop. He was riding near the centre of the road, nearer the left side, to pass the pedestrians. Just before ho reached the corner he went further over to the left. Then he saw a motor cycle approaching on ite wrong side. The machines were about 14 feet apart when witness swerved. He did not remember anything more until he woke in the hospital. It was feared that he would suffer partial blindness in one eye, but it had recovered. He was bruised about the shoulders. The front wheel was torn out of the cycle.

Under cross-examination he said that Franklin had not allowed him room to go between Franklin and the rails. He had ridden cycles before,