£1500 DAMAGES CLAIM

Dominion, Volume 26, Issue 32, 1 November 1932, Page 11

£1500 DAMAGES CLAIM

For Death of Wife KILLED IN CAR SMASH ■Dominion Special Service; Palmerston North, Oct. 31. A claim of £l5OO damages on behair of his family'for 'the loss of his wife as a result of a motor accident by Herbert Fitzllerbcrt, farmer, of Raumai, against James Bernard Reed, labourer, of Palmerston North, is being heard in the Supreme Court by Mr. Justice Blair. . The accident occurred on the Ash-hurst-Pohangina road on July 14 betw€€n car driven by plaintiff and an other vehicle, owned by defendant and driven by Horace Wilkes. Plaintiff alleges that Wilkes was negligent in driving at a speed which was excessive under the circumstances, failed to "ive any or sufficient warning of his approach, failed to have his car illuminated or sufficiently illuminated under the conditions prevailing, failed to keep any or a sufficient look out, failed to drive on or adhere to his correct side, of the road, failed to have his car under proper control and failed to stop before striking plaintiff’s car or swerve in order to avoid it. In his statement of defence, defendant denies these allegations, and alleges that plaintiff was negligent, in driving at an excessive speed, failing to keep a proper look-out, failing to keep on his proper side of the road, and overtaking and passing another car when the road was not clear of oncoming traffic.