KNOCKED DOWN BY LORRY

Dominion, Volume 22, Issue 266, 6 August 1929, Page 7

KNOCKED DOWN BY LORRY

CLERK AWARDED DAMAGES A TOTAL OF £451 An accident which occurred on January 18 had its sequel in the Supreme Court yesterday, when Norman Barnett, clerk, of Wellington, claimed £2BB 3s. special damages, and £250 general damages from Eily Thelma Barlow, married woman, of Wellington, for injuries received through being knocked down by a motor-lorry driven by one of defendant’s servants, at the corner of Cambridge Terrace and Lome Street. The case was heard before the Chief Justice (Hon. M. Myers), and a jury, the foreman of which was Mr. A. P. Masters. Mr. O. C. Mazengarb appeared for plaintiff, and Mr. C. A. L. Treadwell for defendant.

Plaintiff alleged that on the date in question he was walking along Cambridge Terrace, on the footpath, in the direction of Courtenay Place, and was crossing the entrance to Lorne Street when a motorlorry driven by an employee of defendant turned from Cambridge Terrace into Lorne Street, and knocked him down, with the result that he was injured, necessitating his being in the hospital from January 18 to March 22. Plaintiff alleged that the accident happened through defendant’s empldyee failing to observe him (plaintiff) crossing the road: failing to give warning of his approach, failing to slow down, or stop, and failing to steer clear of him.

_ The defence was a denial of the allegations, and alternatively, alleged contributory negligence on the part of the plaintiff.

Plaintiff, in the witness box. stated that when crossing the street, just prior to the accident, he looked around carefully to see if there was any oncoming traffic, and saw that the-road was cledr. However, when he was halfway across the road a motor-lorry suddenly turned into the street, in front of him. He drew back to avoid it.- but was knocked down. He was still suffering from the effects of the injuries. Witness also stated that while he was in hospital the driver of the lorry came to see him, and in the course of conversation said that he saw witness, but thought that be (witness) would get out of the way. The driver also informed him that he had been driving for a number of years, and thought that one could get over-confident. Medical evidence was given to the effect that plaintiff should be able to resume clerical work in three months’ time, and at the end of six months should be practically back to normal. Katherine Booth, who was walking in Cambridge Terrace at the time of the accident, said she saw the motor-lorry turn into Lorne Street on the wrong side of the road. She heard no horn sounded. Henry George Smith, the driver of the motor-lorry, gave evidence to the effect that he sounded the horn about thirty feet before he turned into Lorne Street, and slowed down to about six miles an hour. There was a man on the footpath who looked round when he heard the horn sounded. Witness thought that the man intended staying on the footpath until the lorry had passed. When turning into Lorne Street, witness looked back through the window of the cab of the lorry, and saw plaintiff throw up his arms and fall. Witness immediately applied both brakes, and jumped out. He considered that plaintiff must have stepped off the footpath and walked straight into the side of the lorry. Regarding the conversation with plaintiff at the hospital, witness said that he asked Barnett 'if he was dreaming at the time of the accident. Witness also stated that plaintiff had said to him, “I suppose I was as much to blame as anyone.” Witness denied that he had told plaintiff that after driving for some years, one could get overconfident. . The jury awarded plaintiff £2i6 special and £175 general damages.