WOMAN AWARDED £303 DAMAGES

Press, Volume XCVIII, Issue 29067, 2 December 1959, Page 14

WOMAN AWARDED £303 DAMAGES

Equal Blame For Accident

The driver of a light truck and an elderly woman whom he knocked down in Lincoln road were found by a Supreme Court jury yesterday to be equally to blame for the accident.

The woman, Margaret Christine Johnston, aged 72, who had claimed £1250 general damages agajnst Alexander Barlass, a plumber, was awarded £2OO general and £lO3 12s 6d special damages. Mrs Johnston had alleged that Barlass had caused the accident through his negligence: Barlass had alleged contributory negligence by Mrs Johnston. The jury attributed half of the blame for the accident to Mrs Johnston and half to Barlass. Judgment for Mrs Johnston was entered by Mr Justice Macarthur. Mr J. G. Leggat appeared for the plaintiff and Mr R. Twynehain, with him, Mr A. D. Holland, for the defendant.

In considering the allegations of negligence against Barlass, the jury should decide whether or not he had exercised the standard of care expected of a reasonable, prudent driver in the circumstances existing at the time, his Honour told the jury in his summing up.

As contributory negligence had been alleged against Mrs Johnston, the same standard of care had to be applied in considering her actions as a pedestrian.