NEGLIGENCE ALLEGED

Evening Post, Volume CXIV, Issue 26, 30 July 1932, Page 5

NEGLIGENCE ALLEGED

A MOTOR ACCIDENT

CLAIM FOR £800 DAMAGES

A claim for £800 special and general damages was made against Robert George Thompson, of Miramar, in the Supreme Court yesterday afternoon by Charles Eiehard Ingram, retired Civil servant, of Eongotai. The case was heard before Mr. Justice MaeGregoi and a jury.

In his statement of claim the plaintiff alleged that while he was crossing Coutts street, Kilbirnie, about 6 p.m. on 19th May last, he was struck by a motor-car owned by the defendant and driven by his son, an unlicensed driver. He was dragged along the road for several feet, and suffered a fractured ankle-bone and a severe injury to the left knee joint, as well as' extensivo abrasions and bruises. He was advised that the injury to the knee would result in permanent partial disablement It was alleged that the defendant and his son were negligent in failing to see the plaintiff, failing to sound the horn, driving at an excessive speed, failing to slow down to enable the plaintiff to reach the.footpath, and failing to steer clear of him.

The statement of defence admitted that the defendant's son -was driving the car and was not a licensed driver, but denied the allegations of negligence. Any injury the plaintiff teceived was, it was urged, caused solely through his own negligence in stopping in the middle of the road and then recklessly hurrying in ,front of the car with the intention of reaching the footpath. Further, the defendant pleaded that the injuries were not caused by any negligence on his part, but accidentally. ■

In evidence the plaintiff said that the car gave no warning of its approach. He was within' a short distance of the footpath when he was struck. Afterwards the defendant asked him if- he-would -admit liability for the accident, and he declined to accept any blame, as he' had taken all precautions before crossing the road. He subsequently heard that tho defendant's son had not seen him on the road, also that the defendant Had applied the brakes.

Cross-examined, witness ..denied having halted to indicate to the driver of the. car that he : should pass-in front. He said he might have paused momentarily, but he aid not stop'and then try to dash across to the pavement. < Medical evidence was given concerning tho nature of the plaintiff 's; injuries. ■

Constable R. Anderson said that the skid mark was 25ft.3in long. He was advised of the accident by the defendant, who took him to'.tho scene in his car. :•. , .. , , ,' ■ ..-..'•■

The Court adjourned until Monday morning. ' '