CLAIM FOR DAMAGES.

Wairarapa Age, Volume XXXII, Issue 10149, 27 January 1911, Page 5

CLAIM FOR DAMAGES.

RESULTING FROM A BICYCLE J ACCIDENT. j AN INTERESTING CASE. - At the Masterton Magistrate's Court yesterday, before Mr L. G. Reid, S.M., James Worth, labourer, I of Masterton,' claimed from ■Harold Willoughby,. settler, a sum ( of £B6 for doctor's expenses, loss of wages, and damages for injuries received in a bicycle accident in which defendant was alleged «o have collided with [ plaintiff on December 19th, 1910. J Mr Cullen appeared for plaintiff, and Mr Pownall for 'defendant. Dr Cowtie gave evidence as to the nature of the injuries received l by the plaintiff. The result of the fall was a broken arm, which, although not a very serious injury,, must have caused considerable pain. f Witness, ! expected that the injury would be ■ healed* in,, about' six weeks' time, James Worth, labourer, of Mas-ter-ton, and the plaintiff in the action, stated that on December 19th he was riding, a bicyele.along Chapel Street, and the defendant, who was riding on the footpath, came on to the road opposite the Masterton <Jlub, both bicycles colliding. He tried to stop his machine, but could not avoid a collision. He was riding very carefully at the time of the accident. After the accident he was assisted to Dr Cowie's by a man named Benttey. The,defendant did not make a,ny offer to pay the expenr ses,; : ahd .hev(plaintiff). vidted:_liiin[ .a.nd:..Waidughby.: hk : •'il^uld'-p(iy^half' : the" : :.d6cter > s'''''fees. : Witness refused this offer. Edward Pragnell, timber merchant, Masterton, stated that he was standing inside his yard about a chain and a half from the centre of the roncl when he saw a bicycle.on the powh- ,©f, and one' very I near the fpotpattfi,'perhaps on the footpath. On looking again he sawtwo or three men standing around a bicycle, bu|- he did not, go,over because he" was notyawarej»an accident '. had! taken" place. J " He saw "plaintiff fall ,off his bicycle, but thought it | was an ordinary spill, not seeing what had caused it. - .Robert Henry Behtley said he saw one cyclist on the footpath and one on the road. Willoughby was the 1 one on the footpath. \ Witness was I opposite Pragnell's yard, and saw J the accident occur, Willoughby seem- • ed l to too 1 fast to', get into the Club gate. He then shot out oh to: the. road, colliding with Worth. Willoughby's purpose for riding" on the footpath was evidently fc> save 'himself from running into the gate.

the way. Witness then went to Worth, who appeared to be in pain, | and it looked as it his arm was broken. Witness took Worth to a doctor. There was no other person near the gate, and Willoughby stood inside the gate, hot offering ajiy help. Witness had' .seen Wiloughiby riding on the footpath on several occasions. The accident occurred at about 12.40 o'clock. By Mr Cullen:'Witness was undoubtedly the man who assisted Worth to the doctor. Worth was a bit confused from the effect of the accident. f Elizabeth Bentley, wife of the previous witness, gave corroborative evidence. Harold Willoughby, station hand, stated that at the time of the accident he Mas residing at the Masterton Club. Witness was riding on the footpath and turned off on to the road at Essex Street because he wanted to go into the Club gate. Witness then turned off the road towards the culvert and hearing a voice behind, turned his.head and saw Worth on the ground. Witness was in no way responsible for the accident.

By Mi- Cullen: Witness did not suggest to Worth, when approached, paying lialf the doctors fees. 'He asked what the expenses would, amount to- just for curiosity. Witness denied to Worth next morning 'having ridden on the footpath in front of tlie Cluh. He had never ridden on the footpath in that place. John Bergoyn Emmett, clerk, residing in Master ton j stated that he was in Chapel Street on tne 3ay of •the- aeeident. He saw two cyclists riding together, ' travelling south. Witness was about 30 yards away when he saw them, both being on the road; and one was slightly in

tho lead. The man that feli off was in the rear. The front man turned from the road into the gat© at the Club, and the other man fell over. Witness could not account for the falling over. By Mr Cullen: The accident occurred between o and 7 o'clock in the evening. Witness left the freezing works at about five o'clock. When the accident occurred witness was between, the Congregational Church corner and the Club gate. By Mr PownnJl: Witness rode right past after the accident, thinking it was an ordinary spill.

William Charles'Dickinson, custodian of the Club, said .he was probably about one hundred yards away when he saw tho accident. Willoughby appeared to be in the lead, and slightly on the right. Witness saw Worth come off the bicycle, and lie (witness) at once, ran towards the scene. Ho was standing-near the W.F.C.A. factory, when the accident occurred. Willoughby had apparently been ..riding on. the footpath. Worth was" just starting away when witness 1 , arrived on the scene. The accident occurred some time between 2 and. 5 o'clock.

His Worship said that the evidence : was very conflicting. The evidence on the whole pointed to the fact that defendant did not ride on the footpath, and the evidence was in favour of. th© plaintiff. Plaintiff' would,' be awarded £43 Bs, made up of the doctor's expenses £l2, wages, for 13 we#Ks at 30s a week. £l9; 10s, compensation for pain £5, court costs and" witnesses' expenses £6 18s. Security for appeal was fix ad at £lO.