WIDOW’S CLAIM FOR £3522 DAMAGES

Dominion, Volume 31, Issue 204, 26 May 1938, Page 8

WIDOW’S CLAIM FOR £3522 DAMAGES

Husband Killed In Motor Collision A claim for damages amounting to £3522/5/6 was brought in the Supreme Court, Wellington, yesterday by Mrs. Annie May Morris, whose husband, Edward Terence Morris, tramway employee, was killed in a motor accident at Thorndon on January 10. Defendant was Guy Lowe, fruiterer, Petone. The case was heard by Mr. Justice Quilliam and a jury of 12. Mr. O. C. Mazengarb appeared for plaintiff and Mr. C. A. L. Treadwell, with him Mr. H. Mitchell, for defendant. The statement of claim said that defendant was driving his car north along Thorndon Quay on to the Hutt Road at its junction with Tinakori Road. Mr. Morris was riding his motor-cycle across the junction of the Hutt Road and Thorndon Quay with the intention of proceeding up Tinakori Road. It was alleged that defendant so negligently drove his car that it collided with Mr. Morris and dragged him across the roadway and across the western footpath of the Hutt Road. The allegations were that defendant drove at an excessive speed, failed to keep a proper look-out, failed to sound the horn, failed to give way, failed to to keep the car under proper control and to bring it to a standstill after the impact. Defendant denied the allegations, contending that the accident was caused solely by Mr. Morris’s own negligence in driving across Thorndon Quay without warning, failing to keep the motor-cycle under proper control, and driving at a speed that was excessive in the circumstances. If he had been negligent, said defendant, Mr. Morris’s contributory negligence disentitled his widow to succeed.

The case will be continued to-day.