DAMAGES AWARDED

Wanganui Chronicle, Volume 73, Issue 345, 16 August 1930, Page 16

DAMAGES AWARDED

PILLION RIDER INJURED TOTAL OF £3BB The side of the road on which the vehicles were when a collision oceurr- : ed, formed the basis of a case in the Supreme Court Yesterday, in which 1 Raymond Withers, Wanganui, claimed £5BB 13s 6d from Peter Grant, Makiri- : kiri, as a result of a smash between a < motor cycle and a motor car. Mr N. B. , Bain appeared for plaintiff, and Mr A. D. Brodie for defendant. The jury was: Ernest Cecil Riley (foreman), Clifford Seddon, John Wilkie, John Anderson Findlay, John Braid, Joseph Wilks, William Page, : Francis Ha?old Hooker, John Brighton, George Phillip Howard Gallop, Francis James Glennie, John Bauld. The statement of claim set out that on the night of December 30, 1929, plaintiff was a passenger on a motor cycle driven by Henry Shaw RamsbotU along the road from Upokongaro to Wanganui. That the defendant so negligently drovg a car along the road in the direction of Upokongaro as to cause it to collide with the motor cycle. It was held that the negligence consisted in the defendant k a) driving at a dangerous speed, (b) driving on the wrong side, (c) driving arouund a corner at a dangerous and unlawful speed; (d) driving around a corner on his wrong side, (c) driving around a corner at without any previous warning; (f) failing to keep a proper and adequate look-out; (g) failing to apply the brakes of hie car, or to stop in sufficient time to avoid colliding with the motor cycle; (h) failing to keep his car under proper control. As a result of the collision, the plaintiff, who was riding on the pillion, had his right leg broken and had been permanently affected. The plaintiff suf- J fered other severe bodily injuries, great pain and inconvenience. He incurred medical and hospital expenses amounth g to £32 18s, taxi fares £1 7s 6d, tram fares £3 3s, and had suffered loss of £145 in wages. Plaintiff claimed £lBB 13s 6d special damages and £4OO general damages. The defendant denied that he drove his car negligently on the occasion referred to, and that the collision was caused, or contributed to, by the alleged negligence, or any, negligence on his part. It was held that the collision was caused by the negligence of the driver of the motor cycle in: (a) failing to keep a proper look-out; (b) driving too fast; (c) driving on his wrong side of the road, and (d) failing to keep his cycle under proper control. Fortunately, said Mr Bain, in utlining the case, there was no suggestion of either party not being sober. Arthur Dysart Nelson, medical practitioner, in charge of the Wanganui Public Hospital, said that plaintiff’s right leg was broken just below the knee and towards the ankle also. He was discharged as an in-patient on February 9, and from the massage department on June 14. He would suffer some slight permanent disability. Alexander Wilson, medical practitioner, agreed quite substantially with Dr. Nelson’s evidence. Plaintiff would never be as active in his work. Archibald Hugh Bogle, licensed surveyor, explained a plan made by him which was produced in court. If defendant were on his wrong side his visibility would be affected. Raymond Withers, foreman at the Fresh Food and Ice Company, said he might be called upon to take any position if a man were away. He was on his feet all the time, and the disability had caused him trouble. He had been put off from August 9 for a month, no reason being given. He described where he went on the evening of the accident. At about the time of the collision the night was clear, and visibility good. Their speed coming towards Wanganui was not more than 25 miles per hour. When witness saw the lights of the car, Ramsbottom, the driver of the cycle, slowed down. The cycle was quite on the right side of the road. He did not notice any skidding of the cycle. Grant’s car must have gone some distance after the imrict,

because it was some time coming back. When Mr Grant saw witness in hospital he said he had pulled up in about 400 yards.

To Mr Brodie witness said he was aware there was a car round the bend and the next thing the cycle was hit. Henry Shaw Ramsbottom, labourer, driver of the motor cycle, said the speed was from 20 to 25 miles an hour. When he saw the lights of Grant’s car on the willows he slowed down to 20 miles an hour. He was about five or six feet from the water-table, and pulled further off the road. Grant appeared to cut the corner and appeared to come straight at them. He was travelling faster than the motor cycle. The car hit the right handle bar of the cycle, which had not skidded. Grant had said he went about 400 yards before he realised h' had hit the cycle. Edward Park, estate agent, said that on the night of the accident he was coming into town and saw what he thought was a motor cycle in front on the left-hand side of the road. Further back on the road he was travelling at about 20 miles an hour, and was overtaking the motor cycle. He had to stop to rectify a short circuit in the lighting system. He made no search for tracks at the place of the accident. Eugene Tremaine, driver of the ambulance which brought the men in said the men and the cycle were on the lefthand side of the road coming into Wanganui.

Samuel new motor mechanic said the cycle was damaged all along the right hand side.

Peter Grant, farm hand, defendant, said that he was travelling towards Upokongaro on the night of the accident. When he took the curve he was well on his correct side. When past the bend he saw the light of a motor cycle ahead. He did not notice any impact when he passed the cycle and was on his right side of the road. He then saw his mudguard flapping about. Thinking something must have happened he backed. He then called the ambulance. He looked for marks after getting the ambulance, but could find none. There was quite a lot of loose metal pretty well scattered on the road. Witness had not before had an accident in eight years’s driving. He was in no hurry, and there was no reason for him to cut the corner. He thought that the reason was that the motor cycle got into some loose shingle. It did not appear as if there were going to be an accident. The lights of witness’ car were good. Cross-examined by Mr Bain, witness said his right hand vAuld be somewhere about the middle of the road. The cycle appeared to be on the correct side of the road. He did not see the cycle swerve towards him. Witness was travelling at 2 smiles an hour or less. He lost sight of the cycle §<|no 20 feet from the point of the impact. Counsel for plaintiff and counsel for the defence then addressed the jury. The Judge remarked that le case was a question of fact and he could not help them much on that poin 4 . After a retirement of just over three hours, the jury returned and the foreman stated that they had failed to arrive at a decisio i. His Honour asked if three-fourths of the jury were of the same opinion. The foreman said that the number was 10 to 2.

His Honour then said they could give their ver' ’t. After a further brief retirement to consider the amount the jur ■ brought in a verdict for plaintiff for £lBB 13s 6d special damages and £2OO general damages. Judgment was entered for that amount with costs.