SEQUEL TO ACCIDENT.

Press, Volume LXV, Issue 19786, 26 November 1929, Page 8

SEQUEL TO ACCIDENT.

CLAIM FOR DAMAGES FAILS. (PRESS ASSOCUTIOK IBLIGKAM.) WELLINGTON, November 25. In the Supreme Court, £552 15s damages was sought from Maud Louisa Wilton, a milk vendor, of Lower Hutt, by the guardian of Louis Shardlow, an apprentice, who collided with an unlighted lorry on the night of December 4th, 1028, while riding a bicycle, and had his skull fractured. Dr. Lynch, in evidence, said a piece of bone was removed soon after the injured lad's admission to hospital. It was impossible to say what the effect of the accident would be. Denying negligence, the defence said that the lorry was unlighted owing to failure in*the lighting and ignition system. Contributory negligence was alleged in the pace at which the lad was riding, not keeping a proper lookout, and having no light on the bicycle. The lorry was drawn aside, standing part'.v 0 n the grass. During the proceedings his Honour the Chief Justice remarked that it seemed to him the true ground of the action was not negligence, but nuisance. After hearing further evidence, his Honour held there was no liability on defendant, since in his view Shardlow was not doing anything in connexion with defendant's business at the time of the accident. Judgment was entered for the defendant with costs.