FARM MANAGER SUES MEAT-VAN OWNER.

Star (Christchurch), Issue 18013, 25 November 1926, Page 7

FARM MANAGER SUES MEAT-VAN OWNER.

claims LARGE SUM ON ACCOUNT OF ACCIDENT

* A collision between a large meat van and a motor-cycle on the ChristchurcHSockburn road on April 9. 1920, resulted in a claim for £l2lß 11s 9d in the Supreme Court to-day, before Mr Jus tice Stringer and a jury of twelve. The claim was made by Bernard Noel Thomas, Darfield, farm manager, who sued George Rae Percy, Christchurch, caratge contractor, for the sum stated.

Thomas alleged that Percy was driving on his wrong side; was, in the circumstances, driving at an excessive speed; was not keeping a proper lookout and did not exercise proper control of his van at the time of and immediately before the accident. Thomas alleged that he had been unable to earn his livelihood since the accident up to the present time, and would be prevented from doing so until October 9 next. He described his injuries as a compound fracture of the right tibia, wounds on the leg about an inch long and wounds on the ankle joint and on the foot.

The claim was made up as follows: Special damages—Loss of earnings for thirty-two weeks at £3 a week. £96; public hospital expenses, £8 8s 6d; private hospital, £24 Is; X-ray treatment, £2 2s; medical expenses, £SB Os 3d; damage to motor-cycle, £3O: total, £2lB 11s 9d. General damages—£looo. The defence was a general denial of the statement of claim. Defendant also alleged that if he was guilty of negligence, which lie denied. Thomas was guilty of contributory negligence in riding at an excessive speed, failing to keep a proper look-out, negligently and unskilfully managing and controlling his machine and failing to take proper steps to avoid a collision. Mr Thomas appeared for plaintiff and Mr Donnelly, with him Mr Lascelles, for defendant.

Thomas said that the accident happened at 6.30 p.m., when he was cycling from Christchurch to Sockburn. He was between the tram-lines, oh his proper side. It was a foggy morning. He had practically stopped when he struck the van. Before that he had done up to twenty miles an hour. The road was slippery with the fog. To Mr Donnelly: The skidding of his machine caused him to hit the van.

Charles Douglas Lennox, slaughterman. Hornby, said that he was in a gig driving along the road to Christchurch on the morning of the accident. He could see about fifty yards ahead. The van, which was on its wrong side, did not turn off until the vehicles were practically together. The motor cycle was doing about twenty miles an hour.

Colin Peter Lennox, labourer, said that the motor-cycle slowed up. skidded, and struck the van. It had been doing about twenty miles an hour

Fred Ilowarth. motor engineer, Charles Edward Timms, meat cartage contractor, gave evidence for plaintiff. Percy said that he- was on his proper side until within seventy yards of the scene of the accident. He pulled out wide to pass the gig, saw the motor-cycle, and turned to the centre of the road again. The motor-cycle turned in the same direction. He thought that the motor-cyclist was free of him, but the motor-cycle struck the back of the van, missing the front. /Thomas was going much too quickly. He was doing much more than twenty miles an hour. (Proceeding.)