SUPREME COURT.

Manawatu Standard, Volume LVII, Issue 210, 5 August 1937, Page 2

SUPREME COURT.

MOTOR COLLISION CASE. CLAIM FOR £1142. As the outcome of a collision between a motor-cycle and a motor-car on the road between Dannevirke and AVoodville on November 22, 1936, an action was commenced in the Supreme Court at Palmerston North, to-day, in which Frederick Napier Miller, of Dannevirke, a cheese-maker (Mr A. M. Ongley, with him Mr P. AA 7 . Dorrington, of Dannevirke), claimed £1142 9s 3d from Douglas Herald Ciochetto, hotel-keeper, of Auckland (Mr T. F. Relling). The case was heard., bv His Honour the Chief Justice, Sir Michael Myers, and a jury of 12. The following were the members of the jury Messrs C. Proctor'* (foreman), L. F. Jones, A. M. McNabh, E. Jones, E. Tucker, L. C. Sadd, AA 7 . C. Nieholls, A. Cooksleyi J. R. Robinson, G. M. Trott. G. Mcncndea. and N. P. GiH. ... In his statement of claim, plaintiff stated that the collision took place about three-quarters of a mile from the Papatawa railway crossing. Plaintiff was riding in the direction of Dannevirkeand defendant was driving in the direction of AVoodville. Plaintiff alleged negligence on the part of defendant. in particular, excessive speed, failing to keep a proper lookout, failing to have his car properly lighted, failing to give warning of his approach, failing to stop or slow down, failing to steer clear, and failing to keep as far as possible to his correct side of the road on a corner. Plaintiff stated that he had suffered cuts, bruises and hone injuries. He had incurred expenses for medical and hospital treatment and travelling, and lie alleged that he would have to incur further expense in trying to euro himself of his injuries- He would be unable to earn any wages as a cheese-maker and would be permanently partially disabled through an injury to his right ankle. The claim is for £142 9s 3d special damages and for £IOOO general damages. Defendant’s statement alleged that the actions of plaintiff had been the sole cause of the collision. Allegations of particular, negligence were:— Failing to keep a proper look-out, failing to rU'e and keep his motorcycle as Tiear as practicable to’ the left-hand side of the road, failing to steer clear, and failing to have the machine under proper control. The hearing of evidence was proceded with after the empanelling of the jury, and the case was expected to last the greater part, if not all, of the day.