DAMAGES AWARDED

Dominion, Volume 27, Issue 190, 10 May 1934, Page 13

DAMAGES AWARDED

Pedestrian Knocked Down By Motor-Truck ACCIDENT AT LOWER HUTT Knocked down by a motor-truck at Lower Hutt on May 2, 1933, Arthur Harrison, clerk, brought an action iu the Wellington Supreme Court yesterday to recover damages of £IOS6/4/froui William Copping and Purvis Robert Sisson, owner and driver respectively of the vehicle. He was awarded £62/10/- special damages ami £l5O general damages. Mr. Justice Reed was on the Bench. Mr. F. W. Ougley appeared for plaintiff, and Mr. Wm. Perry for defendants. The accident occurred when rhe truck was turning at the intersection from Cambridge Terrace into the White Line Ramp. Plaintiff claimed that Sisson drove in a negligent ami careless manner, so that the truck was forced to run against, and injure, him. It was alleged that he failed to give warning of his Intention to turn, failed to keep on his left-hand side, and cut across the corner on his right-hand or wrong side. As a result of the accident, plaintiff received a compound fracture of the lower part of the right leg and suffered shock and nervous injury. He claimed £lOOO general damages and £B6/4/- special damages. The defence was a general denial of the allegations. It was contended that there was no negligence on the part of the driver of the truck aiid that, even if there were, plaintiff was guilty of contributory negligence in that he suddenly and without warning, and in reckless disregard of his own safety, ran from the footpath on to the road across the course of the truck. A further defence was that plaintiff failed to keep a proper look-out for approaching traffic, and that, after seeing the truck, he failed to avoid it. and could have avoided it by the use of reasonable care.

After hearing evidence on behalf of both parties, his Honour said it. seemed to him that the only explanation of the accident was that the driver of the truck must have cut the corner.