KIRK v. PARKER.

(1938) 60 Ll.L.Rep. 129

COURT OF APPEAL.

Before Lord Justice Greer, Lord Justice MacKinnon and Mr. Justice Bennett.

Negligence-Running-down case-Personal injuries sustained by plaintiff cyclist in collision with defendant's lorry on Kingston Road, Ewell-Lorry being driven round right-hand bend in road; cyclist, following motor van, proceeding in opposite direction-Allegation by plaintiff that lorry went round corner on its wrong side-Contention by defendant that cyclist pulled out from behind the motor van and ran into rear mudguard of lorry-Statements made to police-constable called to scene of accident - Evidence of independent witnesses-Judgment of Greaves-Lord, J., in favour of plaintiff -Reasons for judgment-Appeal by defendant.