CASHIER'S CLAIM

Evening Post, Volume CXVII, Issue 110, 11 May 1934, Page 9

CASHIER'S CLAIM

COLLISION ON BAD NIGHT

: About 9.30 p.m. on October 20 last 3 car a. motor-cycle and a motor-ear collided practically in the centre of the junction of Jervois Quay and Wakefield and Taranaki Streets, and the motor-cyclist was injured and taken to hospital. The circumstances were narrated in the Supreme Court yesterday when Alfred James Bannerman, a cashier, alleged negligence ' against Alan Grant Herman, indent agent, and claimed from him £37 Is 3d special and goOO general damages. Negligence was denied by the- defendant, who, for a second defence, said that the accident -was- due solely to negligence by the plaintiff. Ho alleged further that if ho was held to have been negligent, then the plaintiff by the- exercise of reasonable care could have avoided the accident, he having had the- last opportunity of so doing. ' According to the- statement of claim, the plaintiff suffered serious "injuries and might permanently be- partially deaf.

The case was heard by the Chief Justice (Sir Michael Myers) and a jury of twelve.

Mr. C. A. L. Treadwell, with him Mr. G. I. Joseph, appeared for the plaintiff, and Mr. H. F. O'Leary for the defendant.

In his outline of the plaintiff's case-, Mr. Treadwell said that the plaintiff was coming from Jervois Quay and the motor-ear was coming along "Wakefield Street. Counsel added that it was a very bad night.

Evidence was completed yesterday afternoon. Counsel addressed the jury this morning, after which his Honour summed up.

The jury retired at 12.15 p.m. and had not returned with- a verdict at the time of going to press.