MOTOR-CYCLIST’S CLAIM

Sun (Auckland), Volume III, Issue 900, 18 February 1930, Page 7

MOTOR-CYCLIST’S CLAIM

COLLISION WITH MILK-VAN ACTION FOR DAMAGES A youthful motor-cyclist, Alexander Bruce Black, who was injured in a collision with a milk van at the corner of Hillcrest and Station Roads, Pap.,toetoe, on the morning of March 1 5 last year, sued H. A. Bassett, a Pa pa toot oe milk vendor, for £935 damages, in the Supreme Court today before Mr. Justice Herd man and a jury. The accident occurred at 7 o’clock in the morning when the motor-cvelist was riding to his work at Manger* . The plaintiff had a leg broken in the collision with the van. which was driven by an employee of the defendant’s. He was six months in hospital, and for a further three months an out patient. The claim was based on ?tn allegation of negligent driving by the man in charge of the van. The defence denied there had been any negligence and countered with an allegation of contributory negligence Mr. Finlay represented the plaintiff, and Mr. Meredith appeared for the defendant. In evidence, the motor-cyclist asserted that on coming down Hiller* st Road into Station Road, the van collided with him just after he made the turn. His speed in second gear, descending the hill, was 15 miles an hour. He said the van was on its wrong side. Alexander C. Black, father of plaintiff, said that after the accident the van driver remarked, “I am verv sorry this happened; I was on the right-hand side because there were some men on the left, and I was afraid of running into them.” Cross-examined by Mr. Meredith, witness refuted the suggestion that his son made a practice of cutting things fine, or that on the morning prior to the accident, the youth had ridden over three sets of railway lines to within a couple of feet of the moving train and capsized. Witness was riding on the back of the machine on that occasion, and knew the motor-cycle stopped fully 20ft to 30ft from the train. The plaintiff was sharply questioned by Mr. Meredith, who suggested that plaintiff had a tendency to speed round Papatoetoe. Mr. Meredith: You know Parry Coleman, the speed merchant, whom boys like to emulate?—Yes. Well, you are known as the Coleman of Papatoetoe?—That’s the first I’ve heard of it. “Well, that’s the compliment that is being paid you and people were waiting for you to c.rash. You are not a good broadsider, are you?— “What’s that?” asked his Honour. “A rider who can take ;l corner fast and sharply without coming off,’’ replied Mr. Meredith. The witness confessed he did not know much about broadsiding. (Proceeding.)