CYCLIST'S DEATH.

Auckland Star, Volume LXVI, Issue 35, 11 February 1935, Page 3

CYCLIST'S DEATH.

CLAIM FOR DAMAGES. JURY'S ASSESSMENT £1650. CAR DRIVER'S NEGLIGENCE, {By Telegraph.—Own Correspondent.) DUNEDIN, Sunday. In the Supreme Court yesterday the hearing was continued in a case in which substantial damages were claimed l>v t • Public Trustee as administrator of the estate of Thomas Albert Carr, who died from injuries received in a collision on July 19, against the City Corporation and Nestles Anglo-Swiss Condensed Milk Company (Australasia), Ltd. The tramcar involved in the accident wadriven by a corporation employee, Henry Cross, while the motor car which collided with the cyclist was driven by an employee of the defendant company, John Ainslie Sparrow. Mr. Justice Kennedy presided, and the evidence was also heard by a jury. Plaintiff claimed against the defendant company and the defendant corporation the sum of £4000 by way of damages, costs of and incidental to the action, and such further relief as seemed fit to the Court. As an alternative it was alleged that the collision between the motor car and the cyclist was the result of the negligence of Sparrow, a servant of the defendant company, and plaintiff therefore submitted a similar claim against the company. A third alternative claim of a similar nature was made against the defendant corporation on tie ground that the collision of the motor car and Thomas Carr was the result of the negligence of Cross. The jury retired at 2.20 p.m. and returned at 8.45 p.m. The issues they were asked to decide, together with their answers, were as follow: — (1) Was the death of Carr caused by the negligence (in any of the respects alleged) of John Ainslie Sparrow ?—Yes. (2) Was it caused by the negligence of Cross? —No. , (3) Was the death of Carr caused by the negligence of Sparrow and Cross?— No. Damages were assessed by the jury at £1050, the widow to receive £050 and each of the the two children £500. The question of costs was reserved.