22nd April 1916
Portsmouth Evening News Thursday 05 October 1916, page 6 A STAMSHAW ACCIDENT. NAVAL C.P.O. CLAIMS DAMAGES Honour Judge Martelli, K.C., was engaged at the Portsmouth County Court to-day in hearing, with jury, a claim, for damages brought George Wroe, a pensioned C.P.O. in the Navy, but still wearing uniform, against Messrs. Hoar and Dumbrill, Ltd., dairymen, of Southsea. The plaintiff, who alleged negligence on the part of the defendants, was represented by Mr. H. Du Parcq (instructed Mr. Edgar J. Bechervaise), and Mr. Raymond Goddard (instructed Messrs. G. H. King and Franckeiss) was for the defence. The case arose out accident which occurred at Stamshaw on April 22nd. Plaintiff was riding his bicycle along the approach to the bridge leading from Stanley-road to Whale Island, when a motor lorry, negligently driven, as he alleged, a servant or agent of the defendants, collided with him, knocking him off the machine and injuring him. Plaintiff, it was stated, sustained a severe strain, resulting in synovitis (fluid secretion) of the right hip and knee. He was laid up, and was now lame in the right log. asserted that the defendants’ driver was driving too fast, and did not give proper warning of his approach; nor did keep a proper course. The bill of damage included for pain and suffering. Witnesses describing the occurrence said that the lorry swerved to the right to overtake the plaintiff, and then in taking sharp turn to the left regain the centre of the road, the rear of the lorry caught the cyclist, causing him to fall. The defence was a denial of negligence. It was contended that the lorry was not going at an excessive speed, and did not in fact touch the cyclist, on whose part contributory negligence was alleged. It was further declared that the damages claimed were inflated. The jury found that negligence had been proved, and judgment was entered for the plaintiff, with £70 damages and costs.
Created by: Keith1947