DAMAGES AWARDED.

Auckland Star, Volume LXVII, Issue 184, 5 August 1936, Page 12

DAMAGES AWARDED.

QUAY STREET ACCIDENT. man and motor car.

In the Supreme Court yesterday afternoon the sum of £294 damages was awarded Thomas Clune, milkman, of Henderson, for injuries sustained in Quay Street on December 1 last year, when he was hit by a motor car as he stepped out of his motor truck.

The action was heard before Mr. .Tustiee Fair and a jury. Mr. North and Mr. Mitchell appeared for the plaintiff, who claimed £(>OO general damages And £10S special damages. The defendant was Miss Edith E. Ford, of Auckland, who was represented by Mr. West.

His Honor, in summing lip, said that tho plaintiff had not been earning anything at the time of the accident. If the jarv decided to allow anything on that head it might bo fairest to allow a lump sum. The extent of the mental injury, following tho injury to plaintiff's arm, was a very difficult question to decide. To succeed, plaintiff had to prove that the defendant was negligent and that her negligence alone was the cause of the accident.

After a retirement of two hours and 20 minutes the jury returned a verdict for plaintiff and awarded £14 13/ hospital expenses, £.'io for loss of earnings and £2.10 general damages. His Honor entered judgment accordingly, with costs, and certified for £10 10/ for tho second day.