DAMAGES AWARDED

Evening Post, Volume CXII, Issue 140, 10 December 1926, Page 9

DAMAGES AWARDED

SEQUEL TO MOTOR COLLISION.

The case in which Henry Barafield and Henry Lauritz Homes, builders,. o£ Lyall Bay, claimed £129 Is damages from James Frobisher, hotel licensee, and Mrs. Amy Dwan, as the result of a collision on the Evans Bay road between the plaintiffs' truck and the defendants' motor-car at about 5 p.m. on 24th August, and in which Mrs. Dwan counter-claimed for £21 14s 6d, was continued in the Magistrate's Court yesterday afternoon. Mr. E. Page, S.M., was on the Bench. Mr. H. F. CLeary appeared for the plaintiffs, and Mr. W, Perry for the defendants. James Frobisher gave evidence that he left his hotel at 2.30 p.m. on the day of the collision in Mr*. Dwan's car for. a drive round the bays. He had had one liqueur after lunch, at 1.45 p.m. When he hw the plaintiff's truck, witness wag travelling at between 15 and 18 miles per hour. The truck's position seemed to indicate that it was going to cut the,corner, and witness, turned to the left to hug the bend, but had not sufficient room to avoid a collision. The car was not shifted after the accident until it was taken away to a garage. With the assistance of several others, he shifted the truck over to the left kerb to make room for the traffic. The nest day he saw the plaintiff Homes, and said: "This is an unfortunate thing. What are you going to do about it?" Homes replied: "It is going to cost you £25," and witness said: "We'll see about that." He denied that he had made an offer of £25 to Homes as compensation for the damage.

In giving judgment this morning, Mr. Page said it appeared; to him that the ac-cident-was the result of the defendants' failure to keep on the proper side of the road. The plaintiffs would be awarded £79 Is damages, with costs.