DAMAGES CLAIM

Hokitika Guardian, 1 August 1930, Page 3

DAMAGES CLAIM

BY MOTOR CYCLIST.

(By Telegraph—Per Press Association.) WELLINGTON, July 81. Contending that the accident would have been avoided if the defendant had given signal, Arthur Hirschorii, a salesman, of Upper Hutt, sued Leonard Myvern Wallace, of Wellington, for £659 general and special damages arising from a. collision on tlie Hutt Road on May 24. The case began to-day at the Supreme Court. In his statement of claim, the plaintiff alleged that as a result of the defendant’s neglect and unskillful driving of a motor car, lie had been thrown from his motor cycle and seriously injured. The injuries consisted mainly of a fractured wrist, a fractured clavical- and severe head and knee injuries. Plaintiff was an inmate of the Wellington Hospital for-over a month, and he would he required to attend daily for treatment as an outpatient for a further period. He would 'be unfit for his employment for three months.

Evidence w.as given bv the plaintiff that, just prior to the accident, he was passing a car which wars travelling in the same, direction towards Petone. Another, car, which witness had previously noticed standing on the left-hand side of the road on the ma.iodam suddenly swung out in front of him. He realised that it was impossible to get through between the two cars, and decided to go over to the right to avoid a collision. However his machine struck the second car, and he was thrown heavily to the road.

For the defence, it was contended that Wallace did .not signal because he had plenty of time. to turn across the road before the car in the rear caijie up. Hirschorii suddenly came up behind the other car at a speed which on? witness placed at 46 miles an hotir. The accident, contended tlie defence, was solely due to excessive .speed at.which the plaintiff was travelling. The case will be concluded to-mor-row.