CYCLING ON A FOOTPATH.

Taranaki Daily News, Volume LII, Issue 107, 2 June 1909, Page 4

CYCLING ON A FOOTPATH.

AX' EXPENSIVE RIDE. INJURED LADY RECEIVES CSO DAMAGES. A case that should be of interest to cyclists was heard yesterday morning ill the Magistrate* Court, before Mr. 11. S. Kit/.heiiliert, S.M. The .plaintiff was .Mrs. Mary Ann .lones, of Frankley road,

who claimed from Henry Todd, a young

man, also of Frankley road, £SO damages in respect of injuries sustained by her recently. The defendant had, in cycling down the Frankley road footpath ut night without a light, collided with plaintiff and caused considerable bodily injury. Mr. Quilliam represented the ip'laintiff, and .the defendant appeared in person without counsel. Mr. Quilliam. after outlining the facts, stated that the damages were not :n----fla'iued damages. The defendant, lie said, had offered an apology just after the accident, but had made no attempt to any compensation. T;hc first witness called was' Dr. Leatham, who said he had for some years been Mrs. Jones' regular medical attendant. He saw her early on the morning of 19th April. Dr. Home had attended 'her on Uie previous evening. Found her in bed, conscious, but veryill. She was suffering from abrasions on the face, on one hand, bruises on both knees, her right eye 'was' injured, both lips and tongue were cut, the nasal bones 'were broken, and she had contusion about the middle and low"!' part of the 'back. She was dazed, and could with difficulty collect ,her thoughts to reply to c ; uestions, and had undoubtedly been suffering from concussion of the brain. Her teeth were broken. The injuries Were such as he would expect to find on a ]>erson. who had been knocked over by a rapidly-ridden bicycle, nnd were not such as; would have been caused had she tripped and fallen. Subsequently she developed a iparalysis of the nerve or muscle governing the . eyeball, and this was likely to be permanent, lie had attended Mrs. Jones lup to the present time. She was still ■ under li-ra care, and she still suffered 'from the effects' of the injury. It was | quite usual, in cases of this kind, to find a defective memory in regard to the events immediately preceding the aKCidant. He would describe the injuries as serious injuries. Defendant asked no questions. Mrs. .Mary Ann .Touch, the plaintiff, wife of Fred. Jones, of Frankley road, a tanner, said that at about 0.30 on the evening of April 18th, a very dark night) she and Mr. Jones left, the house to go to chinch, 'her son and daughter staying a little behind to lock up. When they got on :to the Frankley road footpath, they walked on towards the town, walking slowly so that the others could catch up. 'she got only a few yards, when she lost consciousness. Tli e List thing she remembered was' looking back and seeing the lights of an approaching cart. Consciousness returned on Hie Monday morning, when she recognised Dr. Leatham. Could not remember Dr. Home being there on the Sunday night. She was in bed for a fortnight, and suffered great pain. She had not recovered yet. She could not see properly now. Two of her artificial teeth were broken when she fell. Fred. Jones, husband of the plainliff. said he lived on the Franklev road-at the foot of a gradient- of 1 in'lO. Todd lived further on. On Sunday, 18th April, h e left the house with his wife to go to church, when he felt a blow on the back of his leg. Turning, he saw a man either .falling off or getting off a bicycle. Called his son, who recognised 'defendant. Then ihis daughter said: "Oh, another's killed." Turned round. and saw Mrs. Jones lying on the path! with her head towards Xew Plymouth! She was unconscious. Someone helped Jiim to carry her into the house, and his son Fred went for u doctor'. Blood was oozing from his wife's mouth and nose, and they found that her teeth were broken. She was' still unconscious when Dr. Home arrived. Th e defendant was m the house all this time. Next afternoon the defendant called and asked how Mrs. Jones was. After some conversation defendant asked if witness would accept an apology.' He replied that lie could apologise if he liked, adding, "but this things going to cost a lot of money, and 1 don't know how it will end." Defendant did not replv to a letter sent by witness' solicitors. ' To the Bench: The bicvele had no light on it when the accident happened. Sarah Jones, daughter of the two previous witnesses, ga>ve evidence of the family preparing to leave for church She was locking the front door, when she Uieard her father, who was out bv the gate, call out ''Fred." She went out, and saw ilier mother lying across the path, and her father, another mao. and a bicycle dose by. The further evidence was of a corroborative character. To the Bench: 'Her mother was still very weak and very nervous', and her head was still very bad. She could not see properly. Her health was verv different to what it had 'been before the accident.

l'\ If. Jone*, son of the plaintiff, and residing with them, gave corroborative evidence. It iras he who reco«nised the defendant. When his" sister said "Mother's .killed,'' witness said' "Yes mother's killed; who did it?" Todd replied, "I did, Fred." Upon s'eeinc her state, lie ran for the nearest doctor Uhen he got hack .to Me hous c Todd was there, sitting on a sofa. Said 'o Aim: "This conies of riding on the footpath without a light." and defendant replied, '-\cs, it's bad luck," or sometime like that, eidding that the brake must tare gone wrong. Witness tested the orake, and it seemed in good order Had had several couvci-sations with iefendant since, ajid in one of those he said he iliadn't had time to get off the path on to the road. He had also frequently admitted that he was ridin*- <-n the footpath. About ten days a-o" defendant had remarked that 'he hardly Wt like riding j,j, fl.ic-.v.1,, at nil. and that he would never-ride on thefooipa'h again After the accident, defendant cmnptaincd of injury to Ibis knee Wit ne-ss bathed it in 'hot Water fo,- „ im . and Dr. Home subsequently dresswl

Ihe defendant. Henry Todd, who described himself a., a laborer on the \cw 1 lymouth wharf. „aid that on the ni<-ht in .predion he had walked down the hi.l a good way. and then he decided to nde l ; „e vest. Before he had gr,„ e verv far In, brake went "click, click," and 'fu-ed to act. Was ]Kirtly stupefied hy the shock. YUieti he cain e to. Mr. | Jones, >enr.. was (hitting him in the .mouth wi.th his list, k. that his mouth was sore fo,- a. week. He further explained that the l.rakc „» \,y i, iev ,. l( , was still uncle«s in going down lliill ' He adduced the opinion that' there wa< no Itiw .to prevent lr.ni riding «,, thai particular footpath. The Magistrate, upon learning th-it the defendant liad evidence fro prove the state of Jit,.- month. »,ih| that that con'ld not affect this ease. In ~jv j n „ •„,.„. -nentllis Worship «,id that fr,-. ami Mr. Jones .>,, d every right to expect to walk on that path without fear of ,'„ , jury. I here was no doubt about deten: ant < negligence in riding down the pa.'h at night without a Hirlit. \\\ he b:id lo do was i„ „,„,.,, (he measure of ' am--igc,. In vi,. n . , lf ~!„, lm ,, li( . a | ( . vi . • I<,lr ■■• "«•* toll dtllimges elai 1 was not e\<c-,:ve._ 'i he only question was the defendants ability to pay then,, 'hut he en,,! not allow that to influence linn. Jihlgnieiit would be for the toll "!:V";'"'- expenses (Dr. Eeathanil UK solictors fee a 10s. and Court COshs L2 Is.