FATAL INJURIES

Evening Post, Volume CVIII, Issue 120, 16 November 1929, Page 11

FATAL INJURIES

HUSBAND'S CLAIM FOR

DAMAGES

Evidence for .the-plaintiff-'was concluded in the Supreme Court yesterday afternoon in the claim made by John Alton, of Upper Hutt, against Frederick Charles Facer, of: Wellington, for £2323 damages. The case was a sequel to an accident near Upper Hutt in which Mrs. Alton was fatally injured by Facer's car. . • ■ ■„. -■ The Chief Justice (the Hon. U. Myers) was on the .Bench.. . Mr. E. Parry, with him Mr. J. I). Willis, appeared for the plaintiff; and Mr. C. A. L. Treadwell,- with him Mr. H. J. V. James, for the defendant. ■ • ■ » Constable Joss, of Upper Hutt, de: scribed.the condition o' the car and the 'bicycle after the accident.' He said that the front wheel of the-bicycle was torn from the frame, and .one of the pedals was missing. . Eobert Anderson, a motor driver, gave / evidence to the effect that just before the accident he was driving towards Wellington.- . His lights picked up two pedestrians,. coming towards him about fifty yards awayi A second or two later a horn.was sounded from the rear, and a car which had been following him swerved . out; When, the rear of the second- car was level with the front of Witness's .car;'he heard a scream and a crash, and .the other ear swerved over again. Both cars stopped some distance down the road. The body of the deceased was-found on the macadam about, eighteen feet away from the point where witness considered the impact took place. .' ■'...: Cross-examinedj witness said he considered the defendant would be almost up to the deceased before his lights shone upon her. The defendant's car was brought to a standstill gradually. Had the brakes been put hard on, the car would probably have stopped in half the distance. The plaintiff said that the deceased was 63 yearß of ago. .In, addition to performing all: the usual household duties, she assisted witneßS with the outdoor work tp a very material extent. Since his wife's death, his expenses had increased. ' i ..' Several neighbours . and friends of the Alton's testified to the deceased's capabilities in the house and out-of-doors. . . This concluded the' plaintiff's casej and Mr. Treadwell moved for a nonsuit on the ground that negligence on the-part of the defendant had not "been made out. His Honour refused the application, holding that there was-a case for the jury, but reserving the right to move later. ' ■ ■ ■'■ ■;■• -■■■•■..-. The Court adjourned until Monday morning.- ' . : : ■ .:■■■'