NO COMPENSATION.

Auckland Star, Volume LXVIII, Issue 158, 6 July 1937, Page 9

NO COMPENSATION.

WOMAN BUS PASSEN^cR. CLAIM AGAINST MOTORIST. Reserved judgment was given this morning by Mr. C. R. Orr Walker, S.M., in the Magistrate's Court at Onehunga in reepect of a claim for £80 damages made by Mrs. Kate Tuohey (Mr. J. J. Sullivan) against Edward R. Gresham (Mr. P. Jenkins), dentist, of Hamilton. Mrs. Tuohey met with an accident at the corner of Queen and Arthur Streets, Onehunga, about 6 p.m. on September 19, 1936, which she alleged was caused by the defendant's negligent driving. The case was heard at Onehunga on June 10, when judgment was reserved. The judgment states: "There is conflict in the evidence on the question whether the plaintiff crossed in front of or behind the bus which she got out of. Plaintiff herself does not remember,, as she lost consciousness when struck. The evidence for the plaintiff on this question is not satisfactory. On the other hand the evidence for the defence makes it clear that plaintiff did cross in front of the bus. "It is proved that the bus moved some feet just about the time of the impact, and this would account for the plaintiff being found behind the front of the bus. She could not have got to that position if she had passed behind the bus unless she had been pushed, or thrown, many feet by the defendant's car. The evidence does not permit me to hold that ,she was so pushed. "If the plaintiff crossed in front of the bus then the accident was obviously unavoidable so far as defendant was concerned, and it was her own negligence that caused the accident. "I must hold, on the evidence, that I plaintiff crowed in front of the bus. anl I she cannot recover damages. Judgment lie for the defendant, with, ooeta."