A BICYCLE COLLISION.

Wairarapa Age, Volume XXXII, Issue 3171, 23 April 1909, Page 5

A BICYCLE COLLISION.

ACTION FOR DAMAGES. On a dark, windy night in December last, a cyclist had the misfortune to come in rather sudden contact with a pedestrian in Villa street. This formed the basis of a claim for damages, and at the Magistrate's Court, yesterday morning, before Mr C. C. Graham, Mrs Eliza Ada E. Beale claimed from John Fahey the sum of £3O for damages sustained through defendant colliding with her on a bicycle. Mr P. L. , Hoi lings appeared for the claimant, and Mr C. A. Pownsll for the defendant. In his opening address Mr Hollings said the occurrence occurred in Villa street at about half-past ten at nightMrs Eeale had just stepped from the footpath on to the road, when she was struck by defendant's bicycle. i Defendant had no lamp or bell, and no warning was given. As a result Mrs Beale's leg was broken, and she had to be removed to the Hospital, where she remained for three months. It would be shown that the defendant was under the influence of liquor at the time, and that negligence had been shown in riding without a light, and also in riding in close proximity to the footpath. Dr. Archer Hosking gave evidence as to accused calling on him to attend a case of accident in the vicinity of the railway station. Fahey told him that he had been going along Villa street on a bicycle and as a result of being enveloped in a cloud of dust had been thrown out of the centre of the street on to the side of the road, where he collided with a woman. On examination it was found that the woman had a compound fracture of both bones of the right leg. Later defendant saw witness and said he was not responsible for the accident. Defendant might have had enough liquor to make him reckless. By Mr Pownall: Fahey was not drunk. The fact of the accident would naturally have the effect, of making him appear in an excited condition.

Mrs Eliza BeaJe, plaintiff, on the night iD question she was stepping off the footpath when she was knocked down. On being called defendant came back and went for the doctor. She heard nn bell, and saw nu light. She first saw that the bicycle had no light after the accident occurred. , Christina Younu gave evidence as to seeing Fahey that night, and he was not under the influence of drink. This closed the evidence for the plaintiff. Mr Pownall said there was no doubt the accident was a regrettable one. Negligence would have to te proved in that there was no light on the machine, and that defendant was sufficiently under the influence of liquor as to cause the accident. Prior to the occurrence defendant did htve a light, and it was either blown iat by the rough wind or was bumped out by the rough stones, when defendant turned aside. As soon as defendant's attention was attracttd he went back to' the woman and then brought the doctor. Regarding plaintiff coumel said that a person using the road should take reasonable precautions, and as she did not do this she necessarily accepted a large amount of risk. Evidence would be produced to show that defendant did have a light. John Fahey, defendant, gave evidence as to riding down Villa street with a light on his bicycle. He saw' someone ahead and called out a warning. As he got closer the person became frightened, and in endeavouring to avoid* a collision he swerved aside. When he turned to come back his had gone out. He then went for the doctor. By Mr Hollings: He saw the woman was in danger, and passed on the wrong side to avoid trouble. The lamp was alight before the accident, John Youn*, labourer, gave evidence as to seeing ,tbe lamp alight at the scene of the accident. His Worship said that the weight of evidence went to show that the lamp was alight at the time of the occurrence. Defendant made the mistake of going on the wrong side of the road, and in not observing the i rule of the road he was guilty of "aegligence. Judgment was then given for plaintiff for the amount claimed with costs £6 2s. Leave of appeal was granted.