CLAIM FAILS

Dominion, Volume 30, Issue 260, 30 July 1937, Page 8

CLAIM FAILS

Pedestrian’s Suit For Damages In the Supreme Court. Wellington, yesterday, before Mr. Justice Ostler and a jury, Thomas Plunkett, hotel employee, Wellington, claimed damages totalling £584/16/-, from T. and W. Young, merchants, Wellington, and Arthur Hall,-driver, Wellington, in connection with an accident as the result of which plaintiff’s left foot was injured. The claim, however, failed. Plaintiff was represented by Mr. O. C. Mazengarb, and defendants were represented by Mr. A. T. Young, with him Mr. A. E. Horsley.

The statement of claim set out that the accident ocurred on February 10, 1937, at the intersection of Dixon Street and Egmont Street, when the rear wheel of a lorry driven by Hall passed over plaintiff’s left foot, causing a fracture of tlie bones and severe bruises. As a result of tlie injuries, plaintiff alleged, he was still totally incapacitated, and might be permanently partially disabled. He alleged negligence on the part of Hall, in that he failed to keep a proper look-out; failed to give warning of his approach; and failed to slow down or stop. (The defendants denied negligence, and alleged that plaintiff was himself negligent.

The damages claimed were on . the basis of £460 general and £124/16/special (including £77/12/- compensation for loss of earnings. The jury found for the defendant.