CYCLIST INJURED BY CAR

Taranaki Daily News, 4 October 1929, Page 4

CYCLIST INJURED BY CAR

HEARING ,OF CLAIM FOR DAMAGES. TOTAL. AMOUNT ASKED AWARDED. Judgment was given for the plaintiff for the full amount of his claim in a case in which William Marr claimed from Campbell’s Motors, Ltd., damages totalling £3O 2s in respect of injuries received ■when he was knocked from his bicycle by a ’bus driven by Kenneth W. Campbell, an employee of the defendant company. The case was heard in the New Plymouth Magistrate’s Court yesterday before Mr. R. W. Tate, S.M. The plaintiff was awarded costs amouting to £8 4s. The claim, said Mr. A. A. Bennett, who appeared for the plaintiff, arose out of the fact that on May 31 Marr was riding a bicycle along St. Aubyn Street and when near the Terminus Hotel was run into and knocked down by a motorvehicle driven by Campbell. Marr was riding slowly on his correct side of the road towards the railway station. There was no traffic on the road, but Marr remembered the defendant’s ’bus coming in the opposite direction and on its correct side of the road, and when he was opposite the motor entrance to the Terminus Hotel the ’bus suddenly and without warning turned from its left side of the road, came across the road and struck him. He was thrown off his cycle and on to the radiator of the car, and suffered the injuries in respect of which he claimed. Campbell drove to the hotel, discharged his passengers and-then went back to Marr, whom he accompanied to the cycle shop of A. George. The driver took charge of the bicycle and arranged and paid for repairs to be made. Marr ‘ did not think he was hurt when he went home but he had to call a doctor. While he was in bed the driver of the car called at his house to see him. A demand was. made by Marr upon the company but no reply was received, though the driver paid another call. The first suggestion of repudiation of liability was when a summons was issued. The damages claimed were made up of doctor’s expenses £2 2s, X-ray examination £2, loss of wages from May 31 to July 1 £26. Marr, examined, said his bicycle was hit side on by the front of the ’bus. The driver never suggested at any time he was not responsible for the accident. Evidence was given by Frank Cliarman, a son-in-law of plaintiff, who saw Campbell’s Motors, Ltd., twice concerning their liability for the expenses. Witness admitted to Mr. Sheat that J. Campbell, of the company, denied any responsibility. ■’ Marcus D. Clarke, an official of an insurance company interested in the accident, .said the defendants had notified him they were not liable. Evidence of medical attention given and the injuries received by the plaintiff was given by Dr. P. C. Davie. Even if the driver was negligent, which was denied, said Mr. J. H. Sheat on behalf of the defendants, there was contributory negligence on the part of Marr and he could not recover. The evidence would show that Campbell had had a clear view of the road right from the Grosvenor Hotel. Marr did not see the ’bus until it was turning and it was only due to his carelessness that the accident occurred. All along the company had clearly indicated it repudiated liability and had told Charman and Charke so. Unless the plaintiff could prove an admission of liability had been made the fact that repairs to the cycle had been paid for could make no difference. Evidence of the occurrence was given by the driver, K. W. Campbell, who said when cross-examined that he had put his hand out for a chain and had kept it out until he began to turn. He did not blow his horn because it was not the custom. He did not see Marr until the front wheel of the This was on the tram-line and the only reason he could give for not seeing him was that he was on the lookout for bigger traffic.* • The magistrate said the defendant should have seen Marr and should not have crossed the street until he saw clearly that no traffic was approaching.