WARNING TO PEDESTRIANS

Taranaki Daily News, 20 December 1930, Page 9

WARNING TO PEDESTRIANS

OBLIGATIONS ON HIGHWAY 1 ’ ■ • •, ■ . ■ ■< ■ DECISION IN WELLiNGTON CAS®. , CLAIM FOR DAMAGES FAILS. By Telegraph.—Tress Association. ’ Wellington, Dec. 19. A warning to pedestrians-that must observe their obligations on th» highway was’administered by Mr. Page, S-iM., to-day, in a case in which . Albert Hansard,' Wellington, eyed William Duncan, Wellington, for 167-dam-ages for-injuries received- in an accident on April 9. < - r -i j - It was alleged that defendant failed to' keep a’ proper look-out, .while defendant alleged contributory negligence, relying on the fact that Hansard walked : in front of parked care and proceeded, to cross -the road without keeping ft • . proper look-out.-Air. Page said that the evidence waft .that the car could be seen plainly soma distance off, as. the road was well lit. If a pedestrian got into a dark spot it % was almost impossible to see him under conflicting lights and on wet bitumen, until the car, had reached him. Ihe magistrate-was not satisfied that negli-o-ence had been proved against defendant, and tflat was fatal.to plaintiffs claim... k- \ , On another - ground, however, ne thought that plaintiff could not succeed. A ' pedestrian • -in the ■ circumstances de- ■ tailed.-was in .a. better position to seean approaching car than the motqnst to see him. Plaintiff could have seen the car if he had looked properly, and could have avoided, it. Plaintiff was guilty of contributory negligence, and that barred him from recovery. Judgment was entered for defendant, with iosfs. .