CLAIM SUCCEEDS

Dominion, Volume 31, Issue 110, 3 February 1938, Page 8

CLAIM SUCCEEDS

Expectation Of Life Shortened JURY AWARDS £238/17/4 After a retirement of three hours a jury awarded £2OO general damages and £3B/17/4 special damages in the Supreme Court, Wellington, yesterday, to Alfred McLeavey, Te Horo, farmer, as administrator of the estate of the late James Keith McLeavey, Wellington, motor-driver. Defendants werb’ Marris and Campbel], Ltd., Wellington, cartage contractors. Judgment was entered for plaintiff with costs, counsel for defendant intimating that in view of the verdict he would not proceed with his application for a non-suit. Plaintiff claimed £7500 general, and £3B/17/4 special damages, alleging that on June 24, 1937, defendant company’s servant or agent, Wallace Owers, so carelessly, negligently, and unskilfully drove a motor-lorry in Wakefield Street, Wellington, that it collided with James Keith McLeavey. who died in hospital from internal injuries on June 29. By reason of the collision, it. was claimed, McLeavey’s expectation of life was shortened, and his estate was deprived of the moneys he would otherwise have earned. The defence was a denial of negligence on the part of Owers and an allegation of negligence on AieLeavey’s part in parking his lorry without lights under conditions of poor visibility ami stationing himself at the rear of the vehicle. The case was beard by the Chief Justice (Sir Michael Myers). Mr. A. M. Ongley, Palmerston North, with him Mr. Denis McGrath, Wellington, appeared for plaintiff, defendant company being represented by Mr. G. G. G. Watson, with him Mr. W. P. Shetland.