FATAL MOTOR COLLISION

Wairarapa Times-Age, 19 October 1938, Page 7

FATAL MOTOR COLLISION

DAMAGES CLAIM FAILS ECHO OF GREYTOWN TRAGEDY (By Telegraph—Press Association.) WELLINGTON, This Day, The hearing in the Supreme Court, Wellington, yesterday, of an action for damages arising out of a collision between a motor car and a cyclist at Greytown on July 10, resulted in a verdict for defendant, lan Allister Riddiford Macßae, farmer, of Masterton. Plaintiff was Emily Higgison, Greytown, whose husband, Charles James Higgison, aged 57, was the cyclist killed in the collision. The damages claimed were £24 8s 6d special and £lOOO general. The case was heard by the Chief Justice (Sir Michael Myers), and a jury of 12. Mr C. Evans-Scott, with him Mr H. Lawson, Featherston, appeared for plaintiff, and Mr C. C. Marsack, Masterton, for defendant. The statement of claim alleged that Higgison was riding his bicycle north along the main highway between Tauherenikau and Greytown, at 5.30 p.m. on July 10. Defendant’s car, driven in the same direction, collided with Higgison, causing injuries from which he died. It was alleged that defendant drove negligently in that his speed was excessive, he failed to keep a proper look-out, or sound his horn, drove the car without displaying the regulation lights, endeavoured to pass Higgison when another vehicle was proceeding in the opposite direction with dazzling headlights, and failed to exercise sufficient or proper control. Higgison was stated to be survived by his widow and eight children, the youngest being 17 ygars of age. and his average income was given as not less than £144 6s per annum.

Evidence was given that Higgison’s body, his hat and bicycle pump were found at different places, near the left edge of the bitumen. The locality was within the borough, but in a portion exempted from the borough speed limit. There was drizzling rain falling on the night of the accident. An application for a nonsuit by Mr Marsack, on the ground that no evidence had been called to show that defendant was negligent, was provisionally overruled. The defence admitted that the collision was the cause of death, but denied every allegation of negligence. Mcßae was driving north on a particularly bad night, said Mr Marsack, with poor visibility and drizzling rain, and with confusing overhead lights. His speed was slow considering the class ol road. As he approached the cyclist from behind he pulled out to the right. The cyclist swerved violently into the middle of the road, probably through a bag of gramophone records he was carrying, and also through his slow speed. Mcßae pulled over still further to the right, but was unable to avoid hitting the back of the bicycle with his left front mudguard. The impact took place practically in the centre of the road, a place when the cyclist had no right to be, as he had four feet of macadam road as well as the bitumen. Evidence in support was given by Mcßae.

The jury returned after a retirement of a little more than an hour. Judgment was entered for defendant without costs.