WET BITUMEN
BLAMED FOR MOTOR ACCIDENT
CLAIM FOB £1000 DAMAGES.
A claim for £1000 damages as the result of an,accident while in defendant's motor-car was made by Margaret Eothwell Baxter, a widow, of Wellington this morning in the Supreme Court beforo his Honour Mr. Justice Ostler and a jury of twelve against Stan ton's, Ltd., an incorporated company of Wellington, garage proprietors. Mr. P. J. O'.Began appeared for the plaintiff, and Mr. H. 1\ Johnston for the defendant.
The plaintiff, said Mr. o'Began, a widow, 63 years of ago, soiight damages as the result of motor accident injuries received in October last your. She had engaged the defendant's servant to drive her and her daughter to the Hospital from Kaiwarra. It was on the return journey, for 'which plaintiff had not engaged tho defendant, that the accident happened. Tho defendant said that no more petrol would be consumed by taking them, and invited plaintiff's son-in-law to accompany them, driving them back free. Coming from the south, tho motor-ear, when turning into Vivian street from Cambridge terrace, skidded, and collided •with a tramcar, the bitumen surface being wet. Plaintiff thereby sustained many fractured ribs, pleurisy supervened, and she became seriously and permanently disabled. Negligence was alleged on the part of Stanton in that he failed to keep a proper look-out, and did not see the tramcar, and in that he was travelling at an excessive speed. Plaintiff claimed £1000 damages and costs.
The defence admitted that plaintiff was being gratuitously conveyed by Walter Stanton, a member of the company, and admitted that the motor-car was struck by a tramear, but said that the collision was accidental and caused by the slippery state of the roads, and was not due to the defendant company's negligence, or to that of its .^servant. A further defence was that if injuries were sustained by the plaintiff they were the result of an inevitable accident.
Evidence is being taken. (Proceeding.)
Permanent link to this item
https://paperspast.natlib.govt.nz/newspapers/EP19261207.2.118
Bibliographic details
Evening Post, Volume CXII, Issue 137, 7 December 1926, Page 11
Word Count
324WET BITUMEN Evening Post, Volume CXII, Issue 137, 7 December 1926, Page 11
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