STRUCK BY TAXI

Dominion, Volume 29, Issue 254, 23 July 1936, Page 5

STRUCK BY TAXI

Labourer’s Claim For Damages JURY AWARDS HIM £165 Knocked down by a taxi in December, 1033, Thomas Atkinson, labourer, Wellington, sought damages from the owner of the vehicle, Leonard George Adams, Kilbirnie, in the Supreme Court at Wellington yesterday. Special , damages £79 and £250 general damages were claimed. Atkinson was awarded £65 special and £lOO general damages. The statement of claim alleged that Adams was the registered proprietor of a taxi cab which was so negligently driven in Taranaki Street on December 24, 1935, by Paul Nielsen, taxi-driver employed bv Grey Cabs Ltd., as to collide with Atkinson. It was also alleged) that we driver was negligent in proceeding at a speed too fast in the circumstances, and that he failed to keep ' a proper look-out, failed to sound a horn, to stop, slow down or steer clear of Atkinson. In Jrhe collision Atkiusn’s right leg was fractured. As a result he bad been prevented from working and was still disabled. The defence denied neglignce. It wa s alleged that Atkinson’s negligence was the entire cause of the collision. This negligence consisted of crossing part of the way across Taranaki Street and then attempting to recross when the way was not clear, when there was no opportunity to recross and existing circumstances made it dangerous, without giving warning of his intention to recross, keeping a proper ’ look-out or taking proper care for his own-safety. Contributory negligence was set up as a further defence. . Mr. 0. C. Mazengarb appeared for Atkinson and Mr. F. W. Ongley for Adams. Mr. Justice Smith presided. It was a jury case. Mr. Mazengarb said no blame attached to Adams, whose liability was that of owner of the car, as provided by the law. Atkinson said that two taxis approached him as he was crossing Taranaki Street. He let one pass; the other struck him. He did not attempt to walk back, said Atkinson to Mr. Ongley. Dor six months before the accident he was either on sustenance or relief work. Atkinson was a good worker, said Thomas Joseph Burke, wool buyer, Kilbirnie, and had worked for him at periods over 30 to 35 years. He had work for Atkinson this year. Early on the afternoon of December 24 he -had two drinks with Atkinson, said Alfred James Lund, labourer. Afterward Atkinson crossed the street to see a friend and was knocked down. No horn was sounded and there was nothing to obstruct the taxi-drivers view. Atkinson did not step back when crossing. George White, drainlayer, and Alfred Noyer, jobbing master, also gave evidence for Atkinson. Ilotli said tile taxi-driver gave no warning of approach. _ • For the defence Vernon Wiffen, civil servant, said Atkinson stepped back When the taxi was 12 to 15 feet away. Its drive? had no hope of avoiding him. Dr. E. W. Giesen said Atkinson had now no ascertainable injury. : Atkinson was awarded. £165. The jury found that the driver did not exercise proper care to avoid him.