UNUSUAL CASE.

Evening Post, Volume LXXXIII, Issue 79, 2 April 1912, Page 8

UNUSUAL CASE.

PEDESTRIANS COLLIDE. CLAIM FOR DAMAGES SUCCEEDS. The circumstances leading up to a somewhat unuEual case for damages were narrated by plaintiff's counßel (Mr. P. AY. Jackson) in tho Magistrate's Court to-day beforo Dr. M'Arthur. S.M. The story was to tho following effect: — On the evening of the 19th May, 1911, plaintiff, an old lady, 68 years of age, .Mrs. barah Hamilton, oi Petone, was .crooning Lambton-quay alter 5 o'clock. Tho _ lamps were lit, and there was a drizzling rain. She was crossing: the road opposite Kirkedldie and Stains with the object of catching a. tram to the station, when defendant, Charles Gamble, tailor, Lambton-quay, crossing the road in an opposite direction, his head down, and in a hurry, collided with plaintiff and precipitated her heavily across tho tram track on her back and right in the way of an approaching car. The motorman just managed to pull up in time, otherwise there must havo been a serious accident. Mrs. Hamilton was picked up and taken to recover in an adjoining shop, and was after removed to her home. Counßel alleged * that- defendant, after the collision, did not even stop to assist plaintiff to her feet, showing a great indifference as to tho oicl lady's condition. Tho motor-man's evidence was to this effect. Plaintiff was laid up -for three weeks in bed with an injury to her shoulder and hip, and when she got up was unable to do otherwise than get about her room — this for some months. Tho delay in bringing tho action was explained as due to the fact that the identity of the individual' could not bo discovered.. It was thought for some considerable time that it was' Mr. Macdonald, but subsequently, after somo trouble (said counsel), Mr. Gamblo was known to be tho man, and ho admitted this wste so. "It all looked as though •defendant had tried to hide his identity," lidded counsel. There was, ho added, no question as to the damages suffered by plaintiff. Thcst. had been assessed at £30 — quite an underestimate. Plaintiff was a bag maker for the Grcar Meat Company — her only means of livelihood, outside the old-age pension. Since the acoident plaintiff had made practically no bags at aIL She had suffered from severe shook since. Counsel submitted that defendant was negligent in tho way he came across the road, with his head down. Evidence won tendered by plaintiff on these lines. A tramway inspector picked her up off the line. She was waiting for a low car, as several that hu3 passed sho could not climb into. Supporting^fceßtimony was given. Defendant, Charles Gamblo, stated to. Mr. Dix that ho was 74 years of ago.. On the evening of 19th May last he was crossing the streot, when ho received a sevoro blow on the side. The blow staggered him, and ho was knocked out of breath. When ho looked round tho woman was on her knees, not on her baok. He tried, to pick her up, but could not. He also put' up his hand to the oar, and shouted "Stop !" A man in uniform and others 'assisted the 'woman to her feet. When asked by Mr. Dix if he was not confined to his home for a month, three weekj of that in bed, as the result of the collision, defendant said "ho supposed so." There was some dispute as to what had been Baid in, this connootion. In conclusion, defendant said that he considered he wa» 4 in no way to blame. It was a pure accident. Subsequently witness admitted that ho had been medically attended to for bron* chit is. Ho had had a clear view of tho woman as she approached. His Worship, in giving judgment, 6aid it seemodto him, after hearing the etory of both sides, that the plaintiff's was the more probable. Apart from that there was the distinct evidence of the motorman and the inspector as to tho woman's position after tho collision. His Worship considered that defendant was 'to blamo in the matter. The court would allow plaintiff damages sufficient to cover 5s per week for a year— £l3 in all. Exponsoe totalling £5 14s wore allowed. Mr. Jackson appeared for plaintiff and Mr. C. R. Dix for defendnnt.