£906 CLAIMED.

Press, Volume LXVII, Issue 20183, 11 March 1931, Page 14

£906 CLAIMED.

COLLISION IN CASHEL N STREET. MOTOR-CYCLE AND CAR. lp the Supreme Court yesterday after- - noon." the hearing was commenced of a claim for damages totalling £906 13s in respect of a collision between a motor-car and a motor-cycle at the intersection of Cashel, street and Oxford terrace. on the evening, of June 3rd, J930. . . V \, '"S,.

Plaintiffs were William Greig, bridge carpenter, of Ombersley terrace, Opawa. and James Eobinson Cairns, labourer, of Strickland street, Spreydon, and the dofendant was Arthur Howard Spratt, clerk, Dalgety and Company, .Christ- j church; * i; Mr Justice Kennedy was on the Bench, and a jury of twelve was empanelled. ' . . Mr F. D. Sargent appeared for plaintiffs and Mr B. Twyneham for defend- . ant.'' • >' • Statement of Claim. Plaintiffs alleged that on June 3rd, ■ 1930, at tho intersection of Oxford ter- ; race, Cashel street, and Durham street, the defendant so negligently and unskilfully drive, managed, and controlled a ,motor-car that it collided with the motor-cycle ridden by Greig, whereby the cycle was damaged, and Greig suffered injury; and that Cairns, who occupied the pillion seat, suffered severe injuries and underwent great pain and ■ suffering. The negligence of the defendant complained of," set out the/ statement, consisted in, (a) driving the „ motor-car at a speed exclusive and dangerous under the circumstances; (b) Jailing to keep a proper look-out; (e) failing to stop to avoid a collision; (d) failing to give proper signals of •warning; (e) failing to keep to his cor^ • rect side of, the road; (f) otherwise < negligently and unskilfully ' driving, • managing, and controlling the car. Greig claimed £545 15s (£SOO general: damages, £3 for damage to his motorcycle,- £6 15s hospital expenses, and £36 for loss of wages). ■ Cairn's claimed £360 38s (£3OO .general damages, £2 8s hospital expenses, . and £SB 10s loss of wages).- • ;

Statement of Defence. In his statement of defence defendant admitted that the accident occurred, but denied the allegation of negligent ~ driving,: whereby the motor-cycle w.aa ■' damaged and Greig, and Cairns were mjfiredL Denying that'lie was negligent ®' in ai>y way -whatsoever defendant sab- '• mitted that-the collision was caused uy -V the negligence of Greig, through his iriding tha?Tttotor-cycle ?it an excessive speed, failW'to. keep.a proper look-out; failing tci, stop when a collision was V ' l imminent^ failing to,, give proper -warn- ; , motor-cycle! 1 . ."J - , 1 ' Mescal Evidence. Jl)f< Porterfieia, surgeon . at £the Public' HospitjV eaid about 11,15.^ ■ wound across th^leftcoHaJfh|s lse discomfort, he examined. pulled'open the'.'rigtit eye a little more ' than was natural, so exposing it and