CLAIM FAILS.

Auckland Star, Volume LXVI, Issue 299, 18 December 1935, Page 5

CLAIM FAILS.

JUDGMENT FOR DEFENDANT,

ACTION BY INTERPRETER,

Holding that the plaintiff had failed to satisfy him that the defendant had been guilty of negligence or that the plaintiff himself had been keeping a proper look-out, his Honor Mr. Justice Callan yesterday gave judgment for the defendant, Trevor Browh, farmer, of Clevedon (Mr. North), in the action in which Matthew Andrew Ferri, an interpreter (Mr. Noble),®claimed £40 for loss of earnings, £22 hospital expenses and £250 general damages. Plaintiff was knocked down by a motor car driven by the defendant between 3.30 p.m. and 4 p.m. on the afternoon of Sunday, March 24 last, and received injuries to his hip. Yesterday afternoon evidence was given by defendant, who denied negligence. He said that he was turning out of Karangahape Road into Pitt Street and had accelerated to avoid hitting a tramcar when he saw tl?e plaintiff right in front of him. Defendant did everything possible to avoid hitting plaintiff, but there was not time. Lindsay Jack, a tramway motorman, who saw the accident, said Ferri walked straight across the road and did not seem to be worrying about anything. His Honor gave judgment for defendant with costs, disbursements and witnesses' expenses to be fixed by the registrar.