£3730 DAMAGES AWARDED

Press, Volume XCVIII, Issue 29021, 9 October 1959, Page 13

£3730 DAMAGES AWARDED

Wife Killed In Accident

(New Zealand Press Association) NAPIER. October 8.

After a retirement of four hours and a half a jury in the Supreme Court in Napier today awarded £3730 damages in a £4OOO claim brought by Robert Kenneth Bird, carpenter, of Clive, against Rhoda Hammond, driving instructor, of Hastings. The jury exonerated the Railways Department, the second defendant in the case. The claim arose from a levelcrossing accident in which a car containing Mrs Bird and Hammond struck a rail-car at Hastings on June 18. 1958. Mrs Bird was receiving driving instruction from Hammond at the time.

The jury found that Mrs Bird contributed to her own death by failing to keep a proper look-out’ and assessed the extent of this contribution at 10 per cent.

Dr. O. C. Mazengarb. Q.C., who appeared for Bird moved for judgment with costs. The costs of the Railways Department to be awarded against Hammond. Mr Justice McGregor entered judgment for plaintiff accordingly. In its verdict the jury found that Hammond had permitted Mrs Bird, or instructed her. to proceed across the railway line when she knew, or ought to have known, that a rail-car was approaching.