CYCLIST AWARDED £1,199

Sun (Auckland), Volume II, Issue 387, 22 June 1928, Page 16

CYCLIST AWARDED £1,199

SEQUEL TO COLLISION KNOCKED DOWN BY CAR (From Our Own Correspondent) HAMILTON, Thursday. A claim for £1,250 general and £199 special damages for injuries allegedly received as the result of being knocked off his cycle by a light car was brought in the Hamilton Supreme Court to-day by an Italian gardener named Bernardo Quadrio, defendant being Martyn Baden Powell Rosie, Registrar of Pensions at Hamilton. Mr. H. J. McMullin appeared for plaintiff, and Mr. T. Holmden, of Auckland, for defendant. In his statement plaintiff said he was riding a cycle along Ward Street on October 13 last, when defendant, proceeding in the opposite direction in hie light car, collided with him, knocking him off the machine and breaking his leg. Plaintiff alleged that the accident was caused by defendant’s negligence in that he drove his car on the wrong side of the road and that he suddenly changed his course; also that he drove at an excessive speed under the circumstances. As a result plaintiff had been totally incapacitated and unable to w r ork from the date of the accident and would be prevented from following his occupation of gardener as formerly. In opening for the defence, Mr. Holmden said evidence would be adduced that differed in many material respects from that given by plaintiff. On approaching the corner defendant’s attention was riveted on some children who were about to cross Hinemoa Street. He had not been “speeding” and the claim was a most extravagant one. Had Quadrio oeen keeping a proper look-out he could easily have avoided an accident. Evidence was given on the lines of counsel’s opening, and also by independent witnesses that defendant was on the correct side of the road just prior to the collision. The jury assessed general damages at £I,OOO, and special damages at £199 17s 3d. Judgment was entered for plaintiff accordingly.