MOTOR COLLISION CASE

Dominion, Volume 30, Issue 154, 27 March 1937, Page 11

MOTOR COLLISION CASE

Court Reserves Decision

Decision was reserved by Mr. Justice Reed in the Supreme Court, Wellington, on Thursday, in the case in whieh Mrs. Sarah Ann Petherick and her husband, Frederick William Petherick, motor assessor, claimed damages amounting to £15,150 as the result of injuries they received in a motor collision near Waikanae in August last. Defendants were William Alexander Waters, engineer, of Palmerston North, and the N.I.M.U. Insurance Company as statutory indemnifier.

Mr. W. E. Leicester, counsel for plaintiffs, sought an amendment of Mr. Petherick’s claims. He asked for the deletion of Mr. Petherick’s claim for £lOOO, in his second action, and for an increase in the amount of damages claimed, Irom £5OO to £lOOO, in his third cause of action. The effect of the amendment, he said, was to decrease the total amount of Mr. Petherick’s claims by £5OO. Mr. H. F. O’Leary, K.C., counsel for Waters in Mr. Petherick’s claims, said he accepted the abandonment of the second cause of action, but opposed the application to increase the amount of damages to £lOOO in the third cause of action. His Honour said he did not think the amendment should be allowed. Called by the defence, Sir Donald McGavin and' Dr. S. D. R. Rhind gave evidence as to the nature and effect of the injuries received by Mr. and Mrs. Petherick. Mr. O. C. Mazengarb represented Waters in the wife's claim, and the N.I.M.U. Company in the husband’s claims.