HUTT ROAD SMASH

Evening Post, Volume CXI, Issue 92, 20 April 1931, Page 8

HUTT ROAD SMASH

TWO COLLISIONS

JUDGMENT DELIVERED

INVOLVED CASE

Judgment was delivered by his HoS» our the Chief Justice (Sir Michael Myers) in the Supreme Court to-day ia the involved Hutt road collision case. "About midnight on the 17th November last," said his Honour, " a cot" lision occurred on tlie Hutt road between two'motor-cars'driven'by Anna Findlater and one Wiggs respectively. Miss Findlater's car was proceeding northwards to Feiune, Wiggs's car southwards to Wellington. The car that Miss Findlater was driving belonged to her sister, Dr. Christina Grant Findlater, who was a passenger ■ in the car. There was another passenger named Bigham. In Wiggs's car there were two passengers, Mrs.. Jorgensen and Norman Wallace. After the impact, Dr. Findlater's car came' to rest in. a position on The western side of the bitumenised portion of the road —half on the bitumen and half on the metal—facing West. Wiggs's car came to rest on the eastern side of the road, on the metal between the edge of the' bitumen and the kerb, in a position, 45 feet nearer Wellington than the Findlater car. As a result of this collisioa both the Findlater car and the Wiggs car were seriously damaged. Miss Findlater and Mrs. Jorgensen sustained; serious bodily injuries. Wiggs himself sustained, .injuries from which h9 died. His executor is the Public Trustee. After the two cars had for an. appreciable time been stationary in the positions described, another motor-car, driven by Mrs. Eva Dwan, travelling in a northerly direction from Welling-- ' ton, ran into the Findlater'car, doing further damage to that car and causing __ bodily injury to Dr. Findlater and Big-. ham. FIVE ACTIONS. "As the result five actions were, commenced, as'follows:—(1) Mrs. Jorgensen against Dr. Findlater and Misi Findlater for certain special damages and £500 general damages for injuries alleged to have been sustained through, the negligent driving of the Findlater; car. (2) Dr. Findlater against the Public Trustee as executor of Wiggs, claiming the sum ctf £250 for damage to her motor-car, which damage- sha claims was caused by the negligent driving of Wiggs. (3) Anna Findlater against the Public Trustee as executo? of Wiggs, and the Queensland Insurr ance Company, Limited, claiming against the Public Trustee the sum of £31 12s sd, being the value of clothing and effects alleged to have been damaged as a result of the collision^ and as against the Queensland insurance Company the sum of £566, being; special and general damages in •■ respect of bodily injuries sustained by! • reason of the alleged negligence of Wiggs; and alternatively (if judgment cannot be. had . against the insurance company),, claiming the sum of £597, 12s 5d against the-Public Trusftee. (4)! Dr. Findlater against Mrs. Dwan claiming three sums of £274 11s 6d, £27, and £19 18s special damages, and £1000 general damages- for damage which the plaintiff alleges was caused by the negligence of Mis. Dwan. The item of £274 lls 6d includes £24 lls! 6d for medical-expenses and damage to clothing and £250' as the alleged value of the plaintiff's motor-car. (5) Bigham against Mrs. Dwan for £5.7 Is special damages and £300.general damages consequent upon the defendant's alleged negligence in. respect of the second collision. v . . By arrangement between the parties! and as a matter of convenience all fiva actions w v ere tried together. : THE JUDGMENT. His Honour said he proposed to consider the actions seriatim. ' In the case, Mrs. Jorgensen against Dr. and Miss Findlater, his Honour .said that Mrs. Jorgensen failed in hef action and judgment must be for th« defendant. . ■ , ; In the case of Dr. Findlater v. the Public Trustee, his.Honour gave judgment in favour of Dr. Findlater fot £100. . . : In the case of Anna Findlater v. tha Public Trustee and the Queensland Insurance Company, Ltd., his Honour said there must be judgment for the. defen- : dants save as to the damage to property, for which there must be judgment for the plaintiff against the Publia Trustee for £29. ■ . In the case of Dr. Findlater v. Mrs..1 Dwan, his Honour said that he thought' that the circumstances showed a prima1 'facie case of neglige nee against Mrs. Dwan which required an answer., She; had failed to answer, and therefor© ho must hold the plaintiff 'entitled .to; succeed and to recover £71 9s 6d special damage, £100 damage to the car,; and £300 general damages. In the case of Bigham v. Dwan his Honour said that it followed. that if Dr. Findlater was. entitled to succeed against Mrs. Dwan, so was Bigham. He awarded £53 special damages, and £150 general damages. . • At the hearing, the following counsel appeared:. Mr. C. A. L. Treadwell* with him Mr. 11. J. V. Janies^ for Dr. and Bliss Findlater and Bigham; Mrs" P. B. Cooke, with him Mi\ Christie, for, Dr. and Miss- Findlater in their defence against Mrs. Jorgensen, who was represented by Mr. P. B. Fitzherbert T with him Mr. A. J. Mazengarb; Mr«. W. E. Leicester, with him Mr. B. Watterson for the ' Public Trustee, Queensland Insurance Company; and Mr. H. F. O'Leary for Mrs. Dvran.