DAMAGES AWARDED

Press, Volume LXX, Issue 21315, 7 November 1934, Page 16

DAMAGES AWARDED

WOMAN INJURED BY MOTORCAR (PRESS ASSOCIATION TELiGEA.II.} WELLINGTON, November 6. Damages amounting to £827 6s were awarded by a jury in the Supreme Court to Ivy Dunphy, of Lower Hutt, who was run into by a motor-car driven by Frank Searle, a gardener, of Taita, Lower Hutt, on March 23, and seriously injured. The case first came before the court in August, when Miss Dunphy claimed £IOO9 general and £l7 6s special damages from Searle, but who was nonsuited by Mr Justice Blair, who considered that there was no evidence of negligence on the part of the motorist. A subsequent application to the Court of Appeal resulted in the plaintiff being granted leave to appeal as a pauper, while the nonsuit was set aside and a new trial ordered. With the claim increased to £2500, this was heard before the Chief Justice (the Rt. Hon. Sir Michael Myers) on Monday and to-day, when the jury found that both Searle and the plaintiff had been negligent, he by not keeping a proper lookout and giving warning of his approach, and she by the way in which she attempted to cross the road. They considered, however, that the real and effective cause of the accident was the negligence of Searle, and awarded the plaintiff £BOO general and £27 6s special damages. Similar Action Fails By a majority verdict of 10 to two, a jury in the Supreme Court to-day found that there had been no negligence on the part of William Barke. a masseur, of Wellington, who was sued for £3OO general damages and £53 10s special damages for injuries received by Mrs Amelia Taylor when she was struck by a motor-car driven by him. Mr Justice Reed entered judgment, for the defendant.