A Cyclist’s Mishap

THE SCOTSMAN SATURDAY 8 NOVEMBER 1924

COURT OF SESSION – OUTER HOUSE (BEFORE LORD ASHMORE AND A JURY)

A CYCLIST’S MISHAP

The trial was concluded of an action by Rufus Mann, carrying on business as a electrical engineer at 82 Commerce Street, Glasgow, and residing at Woodbank Cottage, Shandon, against James Taylor, motor hirer, Helensburgh, for £250 damages for personal injuries.

The pursuer stated on record that on 4th September 1923, he was proceeding on a bicycle along the Shandon-Helensburgh road in the direction of Helensburgh, when a motor omnibus belonging to the defender, and being driven from Helensburgh by his servant, ran into the pursuer and his bicycle.

The pursuer was thrown off his cycle and sustained injuries to his face, right hand, left shoulder, right knee, and right leg, and suffered severe shock. The defender denied fault and pleaded contributory negligence. He stated that when the pursuer came into view of the driver of the charabanc, about 100 yards away, the pursuer was proceeding at a racing or excessive speed.

The pursuer’s head was down, and although the driver of the charabanc sounded his horn and held out his hand to indicate he was taking the turn into Ardenconnel Road, the signals were unheeded.

The jury, after an absence of an hour and a quarter, found unanimously for the defender, holding that there had been contributory negligence on the part of the pursuer.

Counsel for the pursuer – Mr Watt, KC, and Mr Scott. Agents – Bonar, Hunter, & Johnstone, WS.

Counsel for the defender – Mr Aitchison, KC, and Mr Garson. Agents – Balfour & Manson, SSC.