CYCLE ACCIDENT

Rotorua Morning Post, Volume 2, Issue 404, 13 December 1932, Page 5

CYCLE ACCIDENT

PLAINTIFF NON-SUITED IN ROTORUA DAMAGES CLAIM COLLISION WITH CAR The sequel to an aceident in Arawa Street waj heard in the Rotorua Magistrate's Court yesterday when G. J. Dahlin (Mr. R. Potter) sued Colin D. Smith (Mr. M. H. Hampson) for damages to himself, his cycle, and his clothes, sustained when Smith in his ear knocked Dahlin off his cycle. Evidence as to the damage to the cycle was given by P. Butler, cycle dealer, which he estimated at £4 10s. Plaintiff himself gave evidence that he was cycling -on the correct side of the street at 7.50 p.m. when Smith eame from behind and knocked him over. He detailed the damage to his clothes ;and himself. Mrs. Dahlin, mother of plaintiff, ■stated that her son eame home at 1.30 a.m. and was dazed and injured. For the defence, Mrs. Munro, who saw the accident istated that she was attracted by the -screeching of the brakes of Smith's car. Smith's ear was coming at a reasonable rate and the boy swerved in front of him. Smith pulled up immediately and could not have avoided the accident. To Mr. Potter: She did not see Dahlin swerve. Mr. Potter. Of course not; he was there all the time, 6ft from the kerh. The Bench': How do you know he iswervedi? Mrs. Munro: By the position of the boy and his bilce. I could not say which way he swerved if he did swerve. To Mr. Hampson: The car had strUck the cycle before she saw it. Colin D. Smith driver of the car and defendant said that h'e struck Dahlin who swerved right across in front df him. The accident could not have been avoided and the offside front wheel struck him, Dahlin swerved towards the eentre of the foad without any warning. Witness put on his brakes- at once. Witness at once reported the accident to the police. To Mr. Potter: The'point of impact was about 10 feet from the kerh. Dahlin had been visible right from the intersection about 8 feet from the kerb. He could not have given Dahlin la wider berth as another ear was approaching in the opposite direction. Witness sounded his horn. To th'e Bench: Had both cqntinued on their courses there wouid have beenYio aceident. The Bendh: gave judgment for defendant statihg that the plaintiff had not sUfficiently proved his case, and non-suited him. Costs £3 3s were allowed defendant.