WIDOWER'S CLAIM.

Auckland Star, Volume LXVII, Issue 181, 1 August 1936, Page 13

WIDOWER'S CLAIM.

REMUERA FATALITY.

WIFE HIT BY MOTOR VAN. CHINESE THE DEFENDANT. The claim for £1000 damages brought l>y the husband of a woman who was fatally injured through being struck by a motor van when crossing Bemuera Road towards the Post Office, on the night of April (!, will be concluded in the Supreme Court on Monday. The plaintiff is Alfred William Atkinson (Mr. North and Mr. A. A. Coates), confectioner, of Bemuera Road, and the defendant Willie Wong Ivee (Mr. Goldstine), butcher, of Auckland, driver of the van. The claim is brought before Mr. Justice Callan and a jury under the Death by Accidents Compensation Act, 1908.

The defendant stated in evidence that his lights were burning properly, and when- he first saw the woman she was too close for him to avoid her. The only way he could explain the accident was that the deceased saw another car, which came up fast and passed him, and the woman stepped back to avoid it in front of his vehicle.

E. W. Johnson, a City Council traffic inspector, said he was watching defendant's van at the time of the accident. He formed the impression that another car which had passed the van had hit Mrs. Atkinson and knocked her in front of the van. He had tried to get the other car for speeding.

Further evidence was given by Henry Reginald Harper, who said that he had come forward to make a statement because of what he had read of the case in the paper. "I noticed that it was alleged that this Chinaman's van was not properly lighted and that it was travelling at an excessive speed," said witness. '"I knew that was contrary to fact, as I had been there myself."

The visibility at the scene of the accident was extremely poor and deceptive, stated R. E. Champtaloup, touring manager of the Automobile Assocation.

This concluded the evidence, and the case was adjourned until Monday for the addresses.