£1180 DAMAGES.

Press, Volume LXV, Issue 19622, 18 May 1929, Page 22

£llBO DAMAGES.

CLAIM FOLLOWS MOTOR ACCIDENT. CASE IN SUPREME COURT. Late in the morning of December 7th last year a motor-lorry and a motorvan collided violently at the intersection of Manchester street and Oxford terrace, with the result that a young man, who drove one of the vehicles, had to have a leg amputated. In the Supreme Court yesterday a civil action was heard before his Honour Mr Justice Adams, and a jury of twelve, Victor Maurice Hooper claiming damages to the extent of £.1680 6s 2d, from the Perfection Ice-C'ream Company. After an hour's retiral, the jury returned a verdict in favour of the plaintiff for £llBO 6s 2d. The vehicles which collided were a van driven by Hooper, a gro.er s assistant, employed by Tuck's, Ltd., and a lorry driven by Kobert David Smith, aji employee of the Perfection leeCream Co. The plaintiff's claim was made up of £ISOO general damages, and £IBO 6s 2d special damages, as follows: Hospital expenses, £43 8s 6d; cost of peg-leg, £3 ss, cost of artificial leg, £2O; damage to clothes £2; special boot and sox, £2 lis; ambulance 15s, and loss of wages at £.5 a week, £IOB 6s Bd. Hooper stated that his left leg had been amputated, that he had suffered permanent partial disablement, and much pain and suffering. He alleged that Smith failed to keep a proper look-out, travelled at an excessive speed, failed to keep on his proper side, and failed to keep his lorry under proper control. He claimed, in addition to the damages, the cost of the action. The defence was a denial of negligence on the part of Smith, and an allegation of contributory negligence by Hooper, in that he failed to beep a proper look-out, travelled at an excessive speed, did not • sound his horn, failed to have proper control, and did not give way at the intersectior. to Smith, who, it was alleged, approached on his right hand. A further defence was that Hooper did not comply with the regulations under the Motor Vehicles Act. Mr M. J. GTesson, with him Mr K. A Cuthbert, appeared for the plaintiff; and Mr C. S. Thomas for, the "defendant company. Mr Gresson said that on the day or the accident Hooper was driving a van for Tuck's, grocers, east along Oxford terrace. On reaching the intersection of Manchester street he saw Smith approaching from the south along Manchester street, and considered he had plentv of time to get across. It was alleged that the defendant was looking over his shoulder towards the back of his van. Plaintiff's car was pushed completely round when the cars collided, and both were overturned. It was held that Smith approached the intersection at twenty-fivo miles an hour. Victor Maurice Hooper, aged years, said that he was driving a oneton delivery van on the day of the accident. He sounded his horn approaching Manchester street, Jis he reached the footpath line lie noticed Smith travelling towards him in Manchester street. Smith was looking over his left,shoulder into the back of his car. Witness blew the horn again, and continued on. Had witness stopped the accident would have been even more serious, so he continued on. The front of the car was ove the traffic dome when witness was hit, and he was travelling at from 10 to 12 miles an hour. Smith was doing about 25 miles an hour.

Cyril Walter Knight, butcher, said that Smith was travelling at„ about twenty-five miles an hour along Manchester street. Hooper 'a speed was ten or twelve miles an. hour. Mr Thomas said that it would be stated that the speed , of jach car was about fifteen miles an hotir. Giving evidence, Smith said, that he had a heavy load on his van of icecream, tubs, cans, and a barrel of salt. He stopped at the Arma~'i 'street ler, and was still in second gear when the collision took place. As he approached Oxford terrace he looked to the left and and hiF nttention was directed to a boy on a bicycle, who was near the traffic dome. Immediately be saw Tuck's van he applied the brakes. He had been travelling at about - fifteen, miles an hour, and when the collision took place . witness'a right-hand dumbiron locked in the plaintiff's ' righthand rear wheel. He denied travel ling at from twenty to twenty-five miles an hour. During a conversation at the hospital,' Hooper had told witness that the latter had been looking round into the back of the car. He also said j that a head-on collision seemed immin- ! ent, so Hooper decided,to try and beat witness across the intersection. To Mr Gresson: Witness had got into Oxford terrace before the saw the. plaintiff's van. - Norman Joseph Ayers, grocer's assistant, who was travelling in Smith's van, said that on approaching the ini tersection he saw a boy on a bicycle in the middle of the road. I To Mr Gresson: He did not see Smith look round into the back of the van. Charles le Page, builder, of Kilmore street, said that the defendant company's van, when he saw it, was travelling very slowly towards the intersection. The jury retired at 4.30 p.m., and returned at 5.25 p.m., awarding the plaintiff the special damages claimed and general damages £IOOO. Judgment was entered accordingly for £llBO 6s 2d, with costs according to scale. Second counsel £lO 10s was allowed for. LEADING MERCHANT'S ADVICE. TIP TO TBAVELLERS. At this season of the year when coughs and colds are about, the conversation naturally turns to the topic of health. A leading Auckland merchant happened to be visiting a frie*d in Christchurch the other day, and during a general discussion he happened to mention that he always kept half a dozen bottle of Baxter's Lung Preserver in his house. "As a matter of fact," he remarked, "my wife always sees that two bottle are packed in my suitcase whenever I have .to go away. Last year when I was in Australia I developed a very sore throat. I had brought the usual couple of bottles of 'Baxter's' across with me, but had pre rented them to some friends, thinking that 1 should not need them. No matter how I tried I could get nothing to do my throat good, so at last ' I wrote for & supply of good, old 'Baxter's* to be Sent over to me by return boat. When it came it, as usual, did : the trick, and my throat was quite right again in a couple of days." "Baxter's'* is unrivalled as a.remedy for coughs, colds,. sore throats, ehest and bronchial ailments. It also has excellent tonic properties. A generous-sized bottle can be obtained at any chemist or store for 2s 6d. Economical people buy the large, family size at 4s 6d, while bachelors find the Is 6d size handy. —2