DAMAGES CLAIMED.

Press, Volume LXIII, Issue 18922, 10 February 1927, Page 13

DAMAGES CLAIMED.

A PECULIAR ACCIDENT,. [THB FUSS Special Service.) DUNEDIN, February' 9. A claim for £394 12s for damages arising out of a road aceident which occurred in July last, was heard in the Supreme Court to-day, before Mr Justice Reed and a jury of twelve. Tho plaintiffs wcro Arthur George Ivan Smart and Sydney Tasman Smart, son and father respectively, and the defendant was Alexander Bamsay. The sum of £350 was claimed as general damages by the younger plaintiff, a youth sixteen years of age, and £44 12s (medical expenses £5 ss, damage to clothing £3, Hospital Board account £37) by the elder.

The youth, said Mr H. E. Barrowclougli, counsel for plaintiffs, was injured by a lorry, driven by Andrew Ramsay, son of the defendant, a coal merchant and carrier, by whom he was employed. On July 24th young Ramsay was driving the lorry back to town from Fairfield, and when leaving Burnsidc he had occasion to pass a mob of cattle on the road, and young Smart (who was riding with him) was naked to get out and drive the cattle away, the lorry continuing to move slowly forward through the mob. One of the animals stood in front of the lorry, and Smart struck it. The animal kicked him and knocked him down, and the front axle of the lorry crushed him. Smart was for eleven weeks in hospital, as a result of the accident, and he would doubtless suffer pain and weakness in future. It was a matter for the jury to say whether the accident was due to the negligence of the young man Ramsay. If he was found guilty of negligence that negligence was attributed to his father, as his employer.

The main defence was that tho ;iecident was wholly occasioned by the negligence of the younger % p!aintiff, or that there was contributory negligence on his part, because of hit striking the bullock. Judgment was given for plaintiff for £Ol 12s. On Friday, Mr Barrowclougb will move for judgment, and Mr J. 8. Sinclair, counsel for defendant, will move for a nonsuit.