CYCLIST’S CLAIM

Sun (Auckland), Volume III, Issue 901, 19 February 1930, Page 11

CYCLIST’S CLAIM

MOTOR-VAN OWNER SUED FOR DAMAGES COLLISION AT PAPATOETOE A defence of contributory negligence, to a motor-cyclist’s claim for damages for injuries he received in a collision with a motor-van. was raised in the Supreme Court today by 11. A. Bassett, a PapatoetoS milkvendor. The sum of £935 damages was sought by Alexander Bruce Black, who received a broken leg in a crash with a milk-van at the corner of Hillcrest and Slahon Roads, Papatoetoe, on the morning of March 15. The driver was Charles E. J. Bartlett, an employee of Bassett. The case was heard by Mr. Justice Herdman and a jury. Mr. Finlay appeared for the plaintiff and Mr. Meredith for the defendant. The van-driver said he noticed the motor-cyclist heading for his wrong side, and to avoid a collision, witness pulled on to his wrong side of the road. Then the motor-cyclist swung over to his proper side again and at this moment the impact occurred. The van was practically stationary at the time of the collision. He considered that the accident was caused by the motor-cyclist’s extraordinary manoeuvre, witness applying his brakes immediately on seeing the rider. Geo. Heron said the motor-cyclist had entered Station Road on his wrong side, after coming down Hillcrest Road at about 20 m.p.h. The van was on its proper side approaching the corner, but swerved over to its wrong side to avert a collision, and then the motor-cyclist endeavoured to regain his proper side. (Proceeding.)