DAMAGES AWARDED.

Auckland Star, Volume LXI, Issue 186, 8 August 1930, Page 9

DAMAGES AWARDED.

MOTOR CYCLIST'S INJURIES.

COLLISION WITH A MILK VAN.

A sum of £500 was awarded Alexander Bruce Black, carpenter's apprentice (Mr. Northcroft and Mr. Stevens), who claimed £035 from H. A. Bassett, milk vendor, of Papatoetoe (Mr. Meredith and Mr. McCarthy), in the Supreme Court. The case was heard before Mr. Justice Herdman and a jury of twelve. The claim arose out of an accident that occurred near the Papatoetoe railway station on March 15, 1929, when a motor cycle driven by plaintiff was in collision with a milk van driven by an employee of the defendant. Plaintiff was seriously injured. Each party alleged that the other was guilty of negligence, and when the case was first heard in February last the jury disagreed. _ I The central feature of the case, said his Honor, in summing up yesterday afternoon, was the extraordinary conflict of evidence regarding the speed at which the plaintiff rounded the corner. - After an absence of nearly four hours the jury returned with a verdict for plaintiff, and awarded £501 damages. "We find," announced the foreman, "that the defendant was negligent in that he should have avoided the accident by either stopping or pulling to his correct side of the road., Further, we find that the plaintiff was partially negligent, but in no way with such negligence as to cause the accident. We award the plaintiff damages of £350, in addition to the sum of £211 9/6 claimed by Avay of expenses." Judgment was accordingly entered for plaintiff, who was also awarded costs, witnesses' expenses and disbursements, with counsel's fee of £15 15/ for the second day, and extra counsel £10 10/ a day, and the same amounts for the first trial, at which the jury disagreed.