MOTORIST SUED

Sun (Auckland), Volume III, Issue 818, 12 November 1929, Page 1

MOTORIST SUED

1 COLLISION WITH MOTORCYCLIST | CLAIM FOR £250 DAMAGES J A claim for £ 250 damages was made : by a motor-cyclist, Robert Elliott Garfield Morton, against a motor-car driver, Nelson Mitchell, in the Supreme Court today. The claim arose out of a collision between two vehicles on the evening of Marh 2, near Roslyn Avenue. Morton alleged that the accident was caused by defendant’s negligence in turning his car without warning, failing to keep a proper lookout, and driving at an excessive speed. In denying the accusations, defendant similarly charged plaintiff with negligence, in not keeping a proper lookout, not having proper control of his motor-cycle, and that he was too close up to be able to read any signals from the car. Tn the box, Morton said that with a friend pillion riding, he was motorcycling from town to St. Heliers. Through Remuera the speed was 20 to 25 miles an hour, and near Victoria ! Avenue he picked up defendant’s car j and followed about 15 yards behind it. | Near Roslyn Avenue the car swung off j the tram rails and about 30 yards past j the intersection turned across the traffic to enter a gateway. Witness was only 12 yards away, and in attempting to pass struck the spare wheel of the car, and was thrown heavily. He was severely injured and spent five weeks in hospital. He admitted that he did not notice j if the ‘’Stop” signal on the rear of the j car was alight, nor did he see a pas- | senger in the car signal that the car : was about to turn. He confessed that i until he saw the scene again he was . hazy as to what occurred, i For the defence, Mitchell stated that I approaching the gateway he slowed j down, applying the brakes, which made i the “stop” light at the rear of the • car show clearly to overtaking traffic. j He also asserted that before making j the turn a passenger in the back seat ; signalled with his arm that the car j was turning to the left. ; t This testimony was corroborated by ; the passenger, A. Abbott, i (Proceeding.)