BOY KNOCKED DOWN.

Auckland Star, Volume LVII, Issue 143, 18 June 1926, Page 9

BOY KNOCKED DOWN.

MOTOR LORRY ACCIDENT.

A SUPREME COURT APPEAL.

A claim for damages arising out of a street accident was recently heard by Mr.' J. W. PoyutOn, S.M., who gave judgment for £200 to the plaintiff, a boy of nine years. The defendant contended, that the judgment was contrary to the weight of evidence, with the result that an appeal was lodged." This was taken before Mr. Justice Stringer in the Supreme Court this afternoon.

The appellant was Amburys, Ltd., milk vendors (Mr. H. Johnston), and the respondent Kevin Arthur Clark, an infant, by_his next friend, Thomas. Clark (Mr. Richmond).

The statement of claim set out. that on" August 12, 1925, the boy was knocked down and run over by" a motor lorry driven by an employee of tbe company. It was alleged that the driver had been: negligent, and that the accident had caused expenses amounting to' £20. ii/ (5, the total claim being £320 12$:^<Thfe ; claim was reduced to £200, arid'•'' .the

magistrate awarded that amount. r ; It contended by the company that in allowing the amount claimed by the plaintiff the finding of the magistrate was erroneous in fact and wrong in law. In the evidence adduced, before the magistrate it did not prove -that the company had committed a breach of the by-law's; that the driver had drivrih too near the monument of the Royal Oak, where the accident occurred; that he had failed to pull up his lorry promptly; or that he was guilty of negligence. The claim for judgment, it was contended, was not justified by the evidence, and all the findings were against the weight of evidence.

The ease is proceeding.