LOSS OF A LEG.

Hokitika Guardian, 2 November 1927, Page 1

LOSS OF A LEG.

SEQUEL TO MOTOR ACCIDENT

AYELLINGTON, Oct. 31

In rain on the Hutt road last Christmas morning a Black and White taxi cab and a motor-cycle driven by Thomas Vernon Anson and on which Phillip Ellis rode as a passenger collided. Both men were terribly injured, each losing a leg. To-day Air Justice AlacGregor ami a jury heard Anson’s claim for £IBO7 datnges. Negligent and careless drivng was alleged against the Black and AYliite C-ab Company’s driver, who was stated to have been on his wrong side.

On Christmas Eve. Anson and a friend (Ellis) had boon in Wellington nt a cabaret dance, said Mr T. C. Hiskip. They had left The cabaret about midnight, and had gone to a coffee stall for supper. They had then set out for their homes at Lower llutt, Anson riding the motor-cycle and Ellis sitting oil the carrier. As they passed Ngahauranga and approached Petone, at a spot opposite the Horokiwi road, a Black and White taxi-cab, coming from Petone, suddenly crashed into them. The bicycle was thrown to the ground and their knowledge of what had happened nearly ceased. Anson could remember crawling some distance before he collapsed, having some recollection of the necessity of crawling off tho road to get out of the way of traffle, Ellis had no recollection of what had happened until he woke up in hospital. The accident had boon reported to the Detone Police Station, and Constable Alaciiainara had gone to the scene at about 2 o’clock. He hud found sonic pieces of glass near the left-hand side of the bitumen track, hut could seo little and could find no wheel marks because it was raining heavily. At 5 o’clock he had returned with a lorry to take away the cycle. It was then line and dry and beside the pieces of glass lie had found a nut, some small pieces of metal and two deep cuts which appeared fresh in the bitumen. The action really condensed into a question of whether or not the cycle had boon on its right side, concluded counsel. Lengthy evidence for plaintiff was

The evidence for plaintiff was merely an ingenious attempt to reconstruct the accident, said Air G. G. AVntson, for the defence. The accident had been due to the pardonable hut foolhardy conduct of the young men in rushing home on a wet night. The driver of the cab wlio had a passenger on hoard, had been particularly careful, and knowing the slippery nature of' the bitumen had driven witli his left wheel off the bitumen strip on hi.s correct side They had been travelling at n moderate speed, having no incentive to hurry, when the bicycle light Hashed in front of them like a projectile and the cycle crashed into them. So violent .had been the impact that the mudguard had been jammed down upon the tyre sufficiently hard to puncture il. The axle had been bent, and the steering gear strained. The accident had not taken plats' at the spot alleged. The car turned completely round to the right on one lock, which would have been an engineering impossibility had tho collision occurred close to the left-hand edge of the bitumen. When the two young men were [licked up both had boon lying close to the right-hand edge of fho road. Evidence for the defence was given before the Court adjourned until to-

morrow. HEAVY DAAI AGES AWARDED. WELLINGTON, Nov. 1. Thomas Vernon Anson, who claimed L'lßo7 damages from the Black and White Cab Company Ltd. was to-day granted damages for the full amount b.v a jury in the Supreme Court, lielore Air Justice AlacGregor. Plaintiff alleged negligence against the cab driver. The company contended that Anson was on his wrong side. Defendant’s counsel is making an application for a new trial, on the grounds that the verdict is against tho Avoi«_clit- of pvklonce.