CHILD'S INJURY.

Auckland Star, Volume LXIII, Issue 262, 4 November 1932, Page 3

CHILD'S INJURY.

JURY ASSESSES DAMAGES. CONFLICTING MEDICAL EVIDENCE. The sequel to an action for damages, following upon a street accident, was heard, before Mr.. Justice Herdman and a jury at the Supreme Court yesterday. Tho point at issue was the amount of general damages to be awarded. The plaintifT was Shirley Patricia Crouch, aged 10, of Koycc Avenue, Mount Eden (Mr. J. B. Johnston), and the defendant Charles Hugh Birch, of Co, Ponsonby Road, saw doctor (Mr. E. 11. Northcroft). Liability was admitted, and no defence filed. The claim for £94 special damages was also admitted, and •the only matter in dispute was the amount of general damages, for which plaintiff claimed £1000. Mr. Johnston said the child liad suffered damage to her health which threatened tho whole of her future life. A number of medical witnesses were called for plaintiff and also for defendant. Mr. Northcroft said the contention for the defence was that although tho child had sustained a fracture of the skull she had escaped brain injury. His Honor commented on tho conflict of the medical evidence and reminded ■the jury that tho onus was on plaintiff to justify the claim. After deliberation in private the jury awarded. £475 general damages, in addition to the £94 special damages, which were not in dispute.