CLAIM FOR £1,761

Sun (Auckland), Volume III, Issue 821, 15 November 1929, Page 11

CLAIM FOR £1,761

MOTOR-CYCLIST SUES CAR DRIVER RESULT OF COLLISION Accusing a motorist. Arthur Douman. Cl negligent and unskilful driving and failure to observe the "offside rule. ! motor-evelist. llarrv Crowne, was I seriously injured an June 29 last when i ; a crash occurred between his motor- J ' cycle and defendant's motor-ear at the ' intersection of Arabi Street and Truu- j . mere Road. Edendale. The plaintiff's ease was eonducted by j Mr. Bennett, and Mr. Finlay appeared for the defendant. Medical evidence of the extent ot the injuries received by Crowne was given by Dr. L. A. Spedding and Dr. W. C. MeCaw. The motor-cyclist’s skull was fractured, the scalp and brain lacerated, his leg hurt and for two weeks the injured man lay unconscious in hospital. The doctors considered that Crowne would not be able to resume any work for at least 12 months, and that be would permanently suffer from giddiness and slight memory lapses. Attending the injured man just after j the accident, Dr. M. B. Gunn said that j Crowne was so severely injured about j the head that witness expected him to ! die before the ambulance arrived. Harry Crowne, the motor-cyclist, said ; that the machine had a sidecar attached and he identified a broken and twisted wheel as that belonging to that carriage. He remembered starting the ride down Tranmere Road, on his way home, but could not recollect being’ in the smash. On approaching any intersection lie invariably changed down to second gear to give him greater control over the machine and to permit of a slower pace, but he was unable to remember whether he had done so on this occasion. Since the crash he had been unable to resume his occupation, as he suffered from giddiness, eye-soreness and a leg injury. He spent six weeks in hospital. Constable McCowan, who inspected the scene of the collision just after it occurred, said that the car's wheel marks showed it had travelled 21ft» with the brakes on. Oft further with them off, and another 15ft with the brakes again applied. Dodman admitted that lie had not sounded the horn when approaching the corner. The motor-cycle was in second gear when picked up by the police. There were no marks to indicate that the motor-cyclist had applied his brakes. In corroborating the testimony of Constable McCowan, Constable McKenzie said that the car driver stated he did not see the motor-cyclist until almost on him. Just after the crash, according to Mrs. Mavis Strong, who rushed out from her home nearby, Dodman remarked: “Good God, I’ve killed him,” following this with the comment: “As true as God I didn’t see him until 1 was on him. The sun was on my glasses.” Later, Dodman expressed the hope these remarks would not bo communicated to the police, as they would not do any good. Defendant blamed the ledge for his not seeing the motor-cyclist. An inspection of the scene of the accident was made by the jury before the defence, alleging contributory negligence, was entered upon during the afternoon. (Proceeding.)