BOY'S DEATH.

Auckland Star, Volume LXVII, Issue 185, 6 August 1936, Page 10

BOY'S DEATH.

SUM OF £50 AWARDED. DAMAGES FOR PARENTS. JURY'S LENGTHY RETIREMENT A retirement of nearly seven hours, probably a record in the history of civil actions in the Supreme Court in Auckland preceded a verdict of a jury last night. The jury, after being out from 4 p.m. to nearly 11 p.m., returned a majority verdict, and awarded the plaintiffs £50 on a claim for £1000.

The action was a claim brought by the parents of a boy, Ralph Atlla, aged 111 years, who was killed at Otahuhu on February 20, when he was run over by a Passenger Transport Company's bus while it was backing at the corner of Awa Road and Mangere Road. The parents, John Oswyn Atlia and his -wife (Mr. Sullivan and Mr. Winter), claimed £1000 under the Death by Accidents Compensation Act, alleging that the fatality was caused by the negligence of the bus driver. The action was heard before Mr. Justice Callan. Mr. Goldstine appeared for the defendant company.

"We find for the plaintiff by a majority on all counts," said the foreman. "Firstly in the question of the jury, the driver was guilty of a degree of negligence in failing to keep a sufficient lookout when turning his vehicle into llangere Road; second, the degree of negligence contributed toward the cause of the accident; third, we assess damages at £50."

After consulting with counsel, his Honor ascertained from the foreman that it was the driver, (Brighton's, negligence that was referred to in the second clause.

At Sir. Goldstine's request his Honor put the further question whether the jury considered the boy hud been guilty of negligence. After a brief retirement, the foreman reported that by the same majority they found that the boy was not negligent.