DAMAGES FOR INJURIES

Waikato Independent, Volume XXXI, Issue 1450, 10 March 1931, Page 5

DAMAGES FOR INJURIES

CYCLIST AWARDED £1441. SEQUEL TO COLLISION AT CAMBRIDGE. (Our Own Reporter). HAMILTON, Monday. A total of £1441 damages was awarded Charles Percival Stark, formerly of Bruntwood, against Jack Young, motor mechanic, of Cambridge, by Mr Justice Smith in the Supreme Court to-day. Stark claimed £1668 for injuries received in a collision which occurred in Victoria Street, Cambridge, on 15th February, 1930, between a motor-cycle ridden by plaintiff and motor-car driven by Young. Both vehicles were damaged and Stark suffered a broken leg. Mr E. H. Northcroft, Auckland, and Mr T. A. Carroll, of Te Aroha, appeared for the plaintiff, while defendant's case was conducted by Mr W. J. King, of Hamilton. Further Evidence. On the resumption of the Court this morning, after the jury had visited the scene of the accident, Mr King called Constable E. F. Jones, who said he was called to the accident. He found Stark lying on the road. Tho skid marks of both the car and the cycle were visible. The course taken by Young was the usual one taken by motorists proceeding up Victoria Street into Lake Street. Witness said the cyclist did not follow the course usually adopted by motor vehicles. He had swung sharply to the left instead of keeping straight on. The motorist had made a gradual curve to tho point of impact, and there was no deviation in his course. Stark told him that he intended to go straight down Victoria Street. Witness asked him wdiy he had swung out to his left, and Stark replied that he had intended to, but the car had come across. What Measurements Showed. Witness said he pointed out to plaintiff that that could not have been so, because the car measurements showed that he could not have come across. The car would have been at all times on the cyclist's right. The Cambridge Borough traffic inspector, Francis Hudson . Green, said the marks of the cycle indicated that the rider intended to drive into Alpha Street. Young had followed the normal course- of traffic proceeding in the direction in which he was travelling. If Stark's intention was to proceed down Victoria Street he did not follow the normal course of traffic going in that direction. A passenger in defendant's car, James Alexander Scott, said he noticed Young put his hand out. He saw tho cycle 120yds up Victoria Street. When the car turned witness was not apprehensive that a collision would occur. The car was travelling at 15 miles an hour, and the cycle seemed to be going at a greater speed. Witness said defendant drove a two-seater Ford. Corroborative evidence was given by Raymond Wills', another passenger in the car. Witness said the cyclist swerved, and he appeared to be going into Alpha Street. The accident' 1 practically took place in Lake Street. An eye-witness, Michael McHugh, expressed the opinion that the cyclist veered too far to the right in taking the Alpha Street corner. He considered the cycle was travelling faster than the car. He saw Young signal with his hand that he intended to turn into Lake Street. Witness thought Young took the normal and safe course. The taking of evidence then closed. \ Counsels' Addresses. Mr King, in addressing the jury, said defendant signalled that he was going into Lake Street. He approached the intersection at a reasonable rate. He had to watch for traffic on his right. When defendant was on the intersection the cyclist swerved and defendant then applied his brakes. On five points plaintiff was guilty of negligence, said counsel, and on not one point was defendant guilty of negligence. If defendant were found to be guilty of negligence, then plaintiff was guilty of greater negligence and defendant was not liable for damages. Mr H. E. Northcroft contended that defendant failed a proper lookout; that he was travelling on the wrong side of the road; that he was driving at an excessive speed, and that the accident was caused by his negligence. Judge's Comments. In the course of his comment on the evidence tho Judge said that a motorist travelling up Victoria Street was compelled to keep to his left-hand side of the road, and that if he veered across to the right to travel up Lake Street he would be on his wrong "side of the road in Victoria Street, before he actually entered Lake Street. If a motorist desired to go up Lake Street from Victoria Street, it was essential that he should travel on his correct side of tho road up Victoria Street, then cross over Alpha Street and then' turn the

Jubilee Garden corner into Lake Street. His Honor, Mr Smith, also said th.it a motorist coming down Victoria Street, and turning into Alpha Street, or his correct side of Victoria Street, should not apply the offside rule. The jury found' that defendant had been negligent, and awarded plaintiff £.191 special damages, and £1250 general damages, a total of £1441. Mr King, for defendant, asked for an extension of time in which to apply for a new trial.