ACTION BY INFANT.

Waikato Times, Volume 101, Issue 16947, 9 November 1926, Page 6

ACTION BY INFANT.

IS HE ABLE TO SUE? COLLISION NEAR GLEN MASSEY. A collision between a motor-oar driven by Harry Rourke and a motorcycle ridden by a youth named Thomas Mclntyre, on the Glen Massey Road, on August 13, led to a claim befora Mr Wyvern Wilson, S.M., at the Hamilton Court to-day, brought by Mclntyre against Rourke, in which £6O 18s was claimed for damages. Mr N. Rawson appeared for plaintiff and Mr A. Meldrum for defendent. Mr Rawson explained that plaintiff was riding his motor-cycle with his brother on the luggage carrier on the way to his home' at Glen Massey, and when making a descent of a dangerous hill,- he changed into low gear, which acted as a brake. On reaching the corner at the bottom of the hill, Rourke came round the bend on his wrong side at an excessive speed and i

a collision took place. Thomas Mclntyre, motor mechanic, plaintiff, said he was travelling down the hill slowly and sounded his horn at the corner. Rourke came round the corner without sounding his horn, on the wrong side of the road and at an excessive speed. His car struck the cycle, driving it 11 yards back up the hill, the car landing in the water table on its wrong side. Rourke admitted that he was on his wrong side and suggested that they should take Ihe bike and the car to a garage and split the costs, 50—50. To this proposal witness did not agree. As a result of the injuries he received, plaintiff was away from work for o fortnight.

Mr Meldrum's first question to plaintiff was to inquire his age. Plaintiff replied that he was 16.

Mr Meldrum asked His Worship, if in the circumstances the case could proceed. It was not competent for a person under the age of 18 to sue in his own right, action only being permissible through a friend. I The case was adjourned till this afternoon to permit of references_ tu authorities.