CLAIM FOR £2358

Evening Post, Volume CXVIII, Issue 101, 26 October 1934, Page 11

CLAIM FOR £2358

CASE AGAINST A FARMER

INJURED PEDESTRIAN

The hearing of Alfred Herbert Williams 's claim for £2358 general and . special damages against Stanley Read, of Levin, was continued today before tho Chief 'Justice (Sir Michael Myers) and a jury. Williams, struck by Head's car on April 8 last, was severely injured. He claims £1700 general and £GSB special damages. Plaintiff's case] was reported in the main in yesterday's "Post." Mr. O. C. Mazengarb, with him Mr. H. J. V. James, appear for Williams, and Mr. H. F. O'Leary for Read. Plaintiff's actual wage drawings prior to the accident were £10 a week, he said. Cross-exsunined, the plaintiff said he saw tho car when it was about 25 feet away, but he did not have time to step back. He denied that his step forward was the commencement of what was intended to be his walk across tho road, but said that he was still waiting for an opportunity to cross tho road, and took the step forward to sco the road to tho south better. ■ Dr. R. 'T. Aitken, who had treated Williams, said" a' bone graft would bo noeded to unito his patient's fibula, which had failed to knit, so as to obtain the best results. Ho would not be well until six months after the operation, and he always would havo a limp and pain for a number of years. Dr. A. Park, called for tho defence, said he would not advise an operation because the joint would havo stability as it was. . Evidenco was given by a number oi •witnesses who were passengers m Williams's car or who were at tho house WilHa-ms visited before the accident happened. MEDICAL DOUBTS. Dr. S. D. Rhind, called for the defence this morning, said ho had examined Williams a few days ago and also previously at tho beginning of the year for life insurance. A fracturo always took nine months to knit, mo 'fracture in Williams's case, being severe, would probably, take twelve months to mend properly. In_ six ■months' time .Williams would be in tho final stage, which would enable him to lead an ordinary life. He would be able to play golf but not tennis or be able to dance. He had got a very good result from a very serious injury. Witness very much doubted if an • operation would bo of help. "If the ankle was mine quite definitely I would not have another operation, ue •^Cross-examined, witness admitted he had come to his conclusion after .only one examination. Ho admitted he had not consulted four text-books named, produced, and read to him by Mr. Mazengarb. Stanley Benjamin Read, vhe defendant, said ho had cows in milk but had made arrangements for the milking and had no need to hurry home. Although Williams's car was parked at the side of the road, there was plenty of room for witness's car to pass another coming in the opposite direction. Williams was standing motionless on tho bridge. If it had been a child, he would automatically havo blown his horn, but there was nothing to indicate any necessity in the case of Williams. Just as tho car got opposite, Williams made a quick movement without looking to his Tight, There was no chance of avoiding him. Witness "took his time" in pulling up after the accident. , : ' HORN NOT SOUNDED. "r" Cross-examined, witness said it did not occur to Mm at the time that Williams was likely to walk across to the parked car. He saw a signboard marked "Milk, cream, and eggs," but it did1 not occur to him that the driver of the parked car might have been purchasing goods. " Mr; Mazengarb: Do you not think it would have been the part of a prudent motorist to sound his horn? . The Chief Justice: That is a question for the jury. I shall toll the jury that tho gravamen of tho case against, the defendant is that he did not sound his horn. ... Ido not say there was negligence—that is for the jury. j Witness admitted that there was about fifteen feet of unused road between his ('fir and the parked car on the other side of tho Toad. j Leonard Spiller, engineer, snid that | he was present on subpoena, and would "rather bo out of it." He was a near acquaintance of Williams. Ho saw tho accident, but not any preliminary progress of the car nor any movement of Williams towards the car. Mildred Ethel Kiuscller, stenographer, said that she saw both Williams and Read's car at once. Williams was on the bridge and moved out quickly as ; the car came to meet him. She thought the bridge adjoined the bitumen. Reno Shead, saleswoman, said that she thought she saw Williams first and had the impression that he was moving towards his own car. She saw him take one step and he was hit.

(Proceeding.)