DAMAGES CLAIM IS UNSUCCESSFUL.

Star (Christchurch), Volume XLIV, Issue 46, 24 February 1931, Page 7

DAMAGES CLAIM IS UNSUCCESSFUL.

TWO MOTOR-CYCLISTS HELD TO BE NEGLIGENT.

After a jury had considered the problem for over four hours, a claim for £894 16s 6d, made by a man who was injured in a collision between two motor-cycles, failed at the hearing in the Court yesterday, before Mr Justice Kennedy and a jury. The plaintiff was Maxwell Rogers, of Christchurch, motor trimmer’s apprentice, and the defendant, Albert Charles Birchfield. labourer, of Kaimata, formerly of Shirley, Christchurch. Mr Johnston appeared for the plaintiff, and Mr Thomas for the defendant. The jury adjourned at 5.10 p.m., and it was not till 9.25 p.m. that a verdict was reached. It was then intimated by the foreman that there was no possibility of a unanimous verdict, so the verdict of three-fourths of the jurors was accepted by the Court. On the points of issue, the jury returned the following answers:— 1. Was the defendant negligent in 'a) Travelling at excessive speed?— Yes. (b) Failing to keep a look-out? --Xo. (c) Failing to make reasonable effort to avert an accident?-—Yes. 2. Was the plaintiff negligent in: (a) Excessive speed?—Xo. (b) Failing to keep a look-out?—Yes. (c) Failing to give way?—Xo. (d) Unskilfully managing his machine before the accident? No. 3. Whose was the negligence really caiising the accident ? Both. 4. The damages, which had to be. assessed, were put in at £144 16s fid special, and £250 general, a total of £394 16s 6d. Mr Thomas moved for judgment on the findings. “I can make no motion,” said Mr Johnston, "in view of the answer to the last question.” His Honor gave judgment for defendant. with costs against plaintiff according to scale.