HUTT ROAD COLLISION

Evening Post, Volume CXV, Issue 105, 6 May 1933, Page 15

HUTT ROAD COLLISION

VERDICT^ FOR PLAINTIFF

THREE-FOURTHS MAJORITY

After over three hours' deliberation/ from CIO p.m. to 8.30 p.m., tho jury who tried the claim for damages mado in the Supreme Court yesterday by Harry Bell' Loiigmorc, a clerk, against Obcar Gerald Kember, public accountant, wero unable to reach a unanimous verdict. A three-fourths majority iv favour of the plaintiff was obtained, however, and this, in accordance with tho Juries- Act, was accepted by tho Court, judgment being entered by tho Chief ."Justice (Sir Michael Myers) for Mr. Lougmore for £82 11s special damages, the amount claimed, and £230 general damages (;CCOO being the amount claimed under this head). The case was a sequel to a collision on tho Hurt Hoad between a motor-car being driven by Mr. Xiongmoro towards Pctouo and another car driven by Mr. Kembor, who had come down Onslow ■fto-ad, and was on\his way to town, fho two cars mot in the vicinity of the junction of the two roads, and Mr. Longmo-ro was injured. Each driver alleged negligence against the other, and in the case for tho defence, it was submitted that tho plaintiff, who readily admitted having obtainod his driver's licence eleven days before tho accident, was not an experienced or capable driver. ' in his summing up his Honour said that the question of negligence was essentially one for the iury to determine. The main point, as it appealed to him. was whether, on the evidence, Mr. Kcmbcr exercise^ tho reasonable caro expected of him. The verdict in favour of the plaintiff showed that three-fourths of the jury held that negligence by Mr. Kember had been proved. Mr. O. C. Mazengarb appeared for tho plaintiff and Mr. 11. F. O'Lcary for the defendant.