NO DAMAGES.
CLAIM BY PEDESTRIAN,
The hearing of a claim for just over £1000 damages, brought at the Supreme Court by a pedestrian who was knocked over by a motor car in Anzac Avenue last May, was completed at the Supreme Court. Tho plaintiff was Hector Percy John Shaw (Mr. Richmond), of Tauranga, a retired Indian Army officer, and the defendant Alfred Leslie Bullen (Mr. Finlay and Mr. Wallace), electrician, of Papatoetoe.
Plaintilf was crossing Anzac Avenue from the Station Hotel, and when about 10ft from the opposite footpath wa» struck by tho defendant's car, which was coming down the avenue. There were no eye-witnesses of the accident.. Defendant denied that it was due to his negligent driving and contended that his vision was obscured by a tram until it was too late to avoid plaintiff. He further alleged that the plaintiff ran in front of the motor car.
His Honor in addressing the jury, said that on a case of this kind the plaintiff must prove a breach of duty. If they found both parties equally to blame they must give a verdict for the defendant.
After a retirement of an hour and 40 minutes the jury brought in a verdict for the defendant.
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Bibliographic details
Auckland Star, Volume LXVI, Issue 43, 20 February 1935, Page 21
Word Count
205NO DAMAGES. Auckland Star, Volume LXVI, Issue 43, 20 February 1935, Page 21
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