CLAIM FOR DAMAGES.

Auckland Star, Volume LIV, Issue 149, 25 June 1923, Page 7

CLAIM FOR DAMAGES.

1 SEQUEL TO COLLISION. PLAINTIFFS NON-SUITED. A sequel to a motor collision in Symonds Street, near the Grafton Bridge, late on the night of January 20 last was heard in the Magistrate's oourt this morning when Robert Henry Brooks, of Papatoetoe, and Edwin Leslie White, were the plaintiffs in an action claiming damages from W. G. Hunter a carrier, of Mount Roskill. Mr Goulding appeared for the plaintiffs, and Mr Sullivan for the defendant •It was stated that the plaintiff Brooks was the owner of a motor car hired by the other plaintiff,, White. At about 10.45 p.m. on January 20 while White was driving along Symonds Street he collided with the defendant's one-ton motor lorry. It was alleged that the lorry was standing on an angle on the road about five or seven feet from the kerbstone, and that no lights were displayed either on the front or rear of the lorry. It was raining heavily at the time, and White collided with the vehicle. Damages totalling £56 were claimed, which included £41 for damage done to the motor car, and £15 loss of earnings during the three weeks that White was prevented from plying for hire. The defence was a denial that Hunter was the driver of the lorry when the accident happened. It was further asserted that defendant made provision for the lorry not to be removed from his yard, by removing portion of the switch on tliebbatter.n r . The lorry had been taken out without the defendant's knowledge. After lengthy evidence hal been heard Mr Sullivan submitted that there was no cause of action against his client. The magistrate, Mr J. E. Wilson, nonsuited the plaintiffs.