BOY'S SERVICES.

Auckland Star, Volume LXVII, Issue 183, 4 August 1936, Page 8

BOY'S SERVICES.

FATALITY SEQUEL.

PARENTS CLAIM £1000.

MANGERE BUS ACCIDENT,

Fatal injuries sustained by a schoolboy, Ralph Atha, aged lli years, at Mangere, on February 25, when lie was struck by a bus belonging to the Passenger Transport Co., Ltd., led to a claim for damages in the Supreme Court to-day. The plaintiffs were the deceased boy's parents, John Oswyn Atha, nightwatchman, of Otahuhu, and Gladys Maud Atlia, who were represented by Mr. Sullivan and Mr. Winter. For the defendant company Mr. Ooldstine appeared. The action was heard before Mr. Justice Callan and a jury.

In claiming fIOOO damages under the Death by Accidents Compensation Act, 1908, tlie plaintiffs alleged that the accident was caused by the negligent backing of the bus out of Awa Street on to Mangere Road. Owing to their son's death plaintiffs contended they had lost the present and future value of his services and had had to recall home an adult daughter at a cost of 25/ weekly. The defencc denied the allegations of breach of statutory duties and contended that the accident was caused solely by the boy's own negligence as he tried to cross the road. Parents' Evidence. The plaintiff J. O. Atha said that his son was attending the Otahuhu Technical High School with a view to being apprenticed to the printing trade. There were four children and the deceased boy was accustomed to help with odd jobs in the household. To Mr. Goldstine, witness said his son had been attending the high school for four weeks and had travelled by the bus which he was about to join when the accident occurred. Even after two other elder children left school they did not earn enough to support themselves.

Mrs. Atha stated that a twin brother of the deceased boy was a semi-invalid and required attention, part of which the boy had given. Her daughter had to leave a position at £1 a week and help to assist witness in the house, after the fatality.

R. 11. Caughey, a King's College pupil who saw the accident, said he realised there' was danger when he observed the bus backing and the boy crossing the road diagonally. The bus was then about two to two yards and a half from the boy. "Witness shouted ''look out" several times.

"My recollection is tliat the bus, •having gone a length or so into Awa Road, stopped, and then, without any delay, the driver got it into reverse gear and started to back," said witness in reply to a question ty the Judge. To Mr. Golds tine witness said that if tlio boy did not have his attention attracted somewhere else he would liave had 110 difficulty in hearing the bus reversing. (Proceeding.)