A ROAD COLLISION

Taranaki Daily News, Volume LIV, Issue 303, 19 June 1912, Page 7

A ROAD COLLISION

CLAIM FOR PERSONAL INJURIES. PLAINTIFF NON-SUITED. Charles Thornton, for whom Mr. A. H. Johnstone appeared, proceeded against John Polietti in the Supreme Court yesterday with a claim for £244 6s damages for alleged personal injuries, caused by defendant's trap colliding with him while cycling. Mr. Quilliam appeared for tiie defendant.

The following jury was empanelled:— Messrs. M. J. MeManus (foreman), A. 0. Murphy, E.'-G. Meredith, and A. S. Marett. The principal features of the case were j outlined by counsel for the plaintiff, j who said that Thornton was a hotel j porter. About 8 o'clock on the night j of the .accident he left the Taranaki } Hotel with the intention of cycling to a friend's place at Egmont road. Shortly after crossing the Henui bridge, at Fitzroy, his lamp flared up. Plaintiff leaned forward to adjust it, and very soon afterwards he struck something. The next thing he remembered was waking up in the New Plymouth Hospital, and being told he had been unconscious for about two weeks. Evidence would be called to show that plaintiff was not cycling very rapidly just prior to the accident, and it was admitted that the defendant was driving without lights at the time of the occurrence. There was no moon at the time. Further, it was to be noted that the defendant had since been fined for driving without lights on the night of the accident. Giving evidence in support of his claim, plaintiff said that he had cycled past the Henui bridge, and was turning into. Painter's Lane when his lamp flared up. He attended to the matter, and immediately afterwards looked ahead and saw the Fitzroy lights. He saw nothing whatever in front of him. As the result of something which happened almost immediately afterwards, ho was rendered unconscious for two or three weeks. Prior to the accident he had heard no cry or warning of any kind. Since he had come out of the hospital he had several] times felt not quite as well as he would like to have been. Prior to the accident he was about fifteen feet from the right hand footpath, but he ought to have been on his left.

During the examination of plaintiff tlie Judge mure than once commented on the unintelligible nature of his evidence. HOW MANY DRTNKS? To Mr. Quilliam: During the afternoon lie had his mid-day drink, and another before he left at ." o'clock for Fitzroy to go bathing. TTe had two more, but not all at once. (Laucrliter.) When lie left the Taranaki Hotel in the evening, it would be incorrect to say that he had had 'too much drink. From mid-day till 8 o'clock he had had threc drinlw'at the Taranaki Hotel. Tie did not oblain any drink elsewhere. Immediately before the accident he was coming down the hill, and in order to adjust the lamp be leaned forward. Mr. Quilliam: You know Mr. Bellringer, chairman of the Hospital Hoard? —Yes. Do ynu remember speaking to him on the veia.nd.ali of the hospital?--No. Did you tell him that, you were in a hurry to get to Fitzroy ?—No. Mr. Quil'liam: Did yon tell him that when you reached the Wcsleyan Church you found that your lamp wanted adjusting; that you leaned over your I handle-bars to fix it up, and that immediately after the accident happened? -No.

LAPSUS MEMORIA. Further examined, Thornton said lie did not remember Mr. Bellringer asking him if the driver was to blame, and of his replying that it was entirely his own fault. He denied having said that it was the last time lie would "scorch," or, indeed, ride a bicycle again. Thornton also denied having told Mr. Lepper (secretary of the Hospital Board) that at the time of the accident he was going "as hard as he could lick." He had no recollection of telling Mr. Lepper that it was entirely his own fault. He could not recall to mind having seen Mr. Lepper at the Bank of New Zealand. He did remember having seen him in a barber's shop, but he did not then say whose fault the accident was. Neither did he tell Mr. Tuthill, licensee of the Taranaki Hotel that it was his own fault. He could not think what he had told Mr. Evans while in the A.B.C. boot ehop. He did not tell him that he was adjusting his light when his bicycle swerved quickly to the right and ran into the footpath kerbing. Mr. Quilliam (producing another witness to whom it is alleged the plaintiff made certain admissions): Have you seen this gentleman before?—T have no recollection. I can't say I've seen evpn his face before. INTERESTING CROSS-EXAMINA-TION.

Do you remember meeting Mr. Polletti two or three days after you left the hospital and apologising to him for what had happened? Witness: Yes; but I don't know what I said to him. I have been told I said certain things, but T don't now remember anything about it. Did you say, "I am very sorry?"—l don't know what T said to him. T was waiting for him to say something to me. Thornton added that he could not think f>{ what Polietti may have said to him. Do you remember" telling Mr, Polietti that you were attending to the lamp and so could not see him ?—-No. I can't toll you a word T ..-aid to him. or what he said to rue. Did you go to see Constable Boullon after you left the hospital?— Yes; I went to get my bicycle. Did you say to the constable, I am sorry that I have caused all this trouble ?—Witness, after a long pause, during which he looked around in an abstracted manner: "I really can't recollect, sir." Christian Skitrop, borough engineer, gave evidence to the effect that at the time of the accident the nearest lamp to the scene of the ceurrence was 35 yards away. The road was 45 feet in width. THORNTON'S MENTAL CAPACITY. Dr. E. P. Fpokes stated in his evidence that he never considered the plaintiff to be of normal mental capacity. His Honor: Was his mental capacity abnormally large or abnormally small? Witness: Abnormally small. To Mr. Quilliam: When he was called to see the plaintiff his breath smelt of alcohol. When he was taken to the hospital he also had signs of liquor about him. When he saw him subsequent to his removal from the hospital he appeared to be normal. His conversations certainly led him (witness) to think that he (Thornton) considered that Polietti was not to blame. A WITNESS CORRECTS HIMSELF. John Turner, barman of the Taranaki Hotel, said he saw Thornton leave the hotel on the night in question between half-past six and seven. He was then quite sober. His Honor: But the plaintiff himself said that lie did not leave till eight o'clock, and lie had thus plenty of time to get drunk before leaving. Witness: I must have made a mistake; I meant to say between half-past seven and eight o'clock. Continuing, witness said that Thornton was not a man who would drink to excess. He had never once seen him under the influence of drink. Mr. Quilliam: Have you ever seen Thornton affected by drink?— No. Helena Tanner, a married woman, residing at Fitzroy, stated that she was near the scene of the accident, and that, questioned by her, Poletti had stated that the injured man had run into him. To Mr. Quilliam: Prior to the accident she heard the cart approaching about 30 or 40 yards away. Constable Boulton. stationed at Fitzroy, deposed to having seen Polietti the day after the accident, and to his having stated that immediately prior to the accident he was driving on the left-hand side of the road, about eight feet from the kerbing. To Mr. Quilliam: Tt was a clear night, When the plaintiff came to witness' house to get his bicycle he was quite rational, and expressed regret for the accident, stating that it was entirely his own fault. He had been riding on his wrong side, pretty fast, and when he got to Painter's Lane he did not look where he was going, as he was bending over his bicycle attending to his lamp. Immediately afterwards he crashed into the trap. To Mr. Johnstone: On the day he called for his bicycle plaintiff was a physical wreck, his nerves being gone. Otherwise he was rational. Combatting Mr. Quilliam's contention that there was no case, to go to the jury, Mr. Johnstone said that even supposing the plaintiff was on his wrong side, it had to he borne in mind that if the defendant could have avoided the accident by driving carefully either to the right or to the left, he'was bound to do so, otherwise he could be held responsible for the accident. In non-suiting the plaintiff, His Honor said that he could not see that he had a case to go to the jury. Under the cimcumstances. he thought he would be doing him a kindness by non-suiting him, and thus avoid the additional expense involved by occupying the attention of the court for another day with the case, for much would happen if the defendant and his witnesses were called upon to give evidence. "I am quite certain," concluded His Honor, "that no verdict could stand on the facts to be submitted to the jury." _ On behalf of the defendant, Mr. Quilliam said he would not ask for costs, and Mr. Justice Edwards, therefore, entered a non-suit with costs according to scale, the defendant undertaking not to enforce the judgment with regard to (*osts. unless any further cause of action was brought on.