A QUEER CASE.

Dominion, Volume 5, Issue 1405, 3 April 1912, Page 8

A QUEER CASE.

9 PEDESTRIANS IN COLLISION. A case arising out of an unusual circumstance was heard at the Magistrate's Court vesterdav bv Dr. M'Arthur, S.M. Sarah Hamilton, a Petone- widow, G8 vears of ago, sued Charles Gamble, a Lambton Quav tailor, 74 years of age, for tho recovery of ,£3O, as damages rcsultiug from an aeeidout which sho alleged defendant was responsible- for. Mr. P. AY. Jackson appeared for the plaintiff, and Mr. C. It. flix for tho defendant. Mr. Jackson said that on May lit of last year, while Mrs. HamiU-m was waiting for a tramcar near Kirkcaldic's, Gamble crossed the street, with his bend down, and butted into her. with tho result that he knocked her on her back in the middle of the tram track. A car was approaching, and had iutt pulled up i" time. Instead of assisting the old lady, defendant had just taken a casual look at her, and had pas*fd on. A tramway inspector had assisted her to her foot, and taken her to a shop near bv. For three weeks after the accident she, had been in bed, and she bad been nuable to get about fur a longer period. There might. lw some objection raised to the time which .had elapsed between tho accident and the ; bringing ol the action, but it had taken a long tune to find out'who had knocked Mrs. Hamilton down. Mrs. Hamildv.i ,wa- in receipt of an old age pension, and she earned some money as a bag-maker, for the Gear Company. During the busy season lor bag-making she bad been seriously handicapped owing to her injuries. Evidence was given by 1 Percy laylor. a tram motorman, who said that he distinctly saw what happened. The man who knocked (he woman c!bi<;n, he said, had been crossing the road with Ins head slightly down. The nr.m had .".truck Mrs. Hamilton, the witness thought, square on." She had fallen on her back, the man had looked at her for a second or two, and had then wallr.ul away tf.lhout assisting her. Tramway- Inspector l.oyne and some others had picked .Mrs. Hamilton up. ~ , .. ~ , Tho defendant Gamble, who said that be was 74 vears of a;e. and over 19 stone in wei"hl. denied that he hail butted into .Mrs.'Hamilton- He s:\wl thatas ho was crossing the road ho had received a violent blow on his side, which had taken his breath av;av. He bad not seen anyone at the moment, but, on looking round, had seen the woman at his side. She was not on her back, but on her knees. He had caught hold-of her to help her up. but bad found that he could not do so. It. had then occurred, to him that: the car would be upon th-'un. hi be had raised his hand and shouted MonV Then a man in uniform and others had son" to Mrs. a-'sislaijcc. Immediately after the accident he had bee.i in bed for three weeks. He did not ranMder he was bbmeahle fir Hie co liMon. which w»- a pure accident. He had never offered JL'3 in sctll»p«Mit. of the matter. nis Worship said tha". it s.semcd to him that Mrs. Hamilton's wa< much the more probable story. He found in her favour, and gave judgment for £13 aad costs.