DAMAGES AWARDED TO INFANT

Dominion, Volume 29, Issue 203, 25 May 1936, Page 12

DAMAGES AWARDED TO INFANT

Sequel to Collision

Dominion Special Service.

Wanganui, May 23.

Evidence in a civil claim for £2500 general and £BB/13/- special damages, I lie hearing of which lasted two days, was concluded to-day in the Wanganui Supreme Court before Mr. Justice Smith and a jury which, after a retirement from 6.45 p.m. to 9.45 p.m., awarded plaintiff, Gretchen Wright, aged seven, of Raetihi, £llOO damages, and her father, Parris Ashton Wright, farmer, £BB/13/-. Mr. 0. C. Mazengarb, of Wellington, and Mr. R. S. of Wanganui, appeared for plaintiffs, and Mr. A. I). Brodie, of Wanganui, for defendants, Reginald Anderson and Patrick Mouat, farmers, also of Raetihi. The claim arose from a motor accident in the main street of Raetihi. last October, when a car driven by Anderson collided with the child, who received serious injuries from which sl-e had not recovered.

The defence denied negligence, and Mr. Brodie moved for a nonsuit on the grounds that there was no evidence of how the accident happened. His Honour, however, decided that the case would have to go to the jury.

Anderson was found to be negligent, the jury considering his speed excessive on account of his close proximity to parked cars. Gretchen 'Wright was found partially negligent in the manner she left the footpath. Anderson’s negligence was, however, held to Be the real cause of the collision. Leave was reserved to defendant, to move in 14 days to set aside the judgment. and to enter judgment for defendant, or, alternatively, for a non-,-uit or a new trial.