CLAIM FOR DAMAGES

Evening Post, Volume CXXII, Issue 31, 5 August 1936, Page 13

CLAIM FOR DAMAGES

PEDESTRIAN'S INJURIES

A claim for damages arising out of an accident in Jervois Quay on April 28 was commenced in the Supreme Court today before Mr. Justice Smith and a jury of twelve.

The plaintiff was Frederick Charles Dorizac, aged 84, represented by Mr. O. C. Mazengarb and Mr. A. B. CrokeV, and the defendant William Nicholls, stationer, represented by Mr.- W. P. Rollings.

The plaintiff, in his statement of claim, said'that he was crossing Jervois Quay with the intention of entering the rowing club sheds when he was struck by a motor-car driven by the defendant. It was alleged that the defendant negligently managed his car, that he was driving at a speed which was- excessive^ in the circumstances, failed to keep' a proper lookout, failed to slow down or stop his car, and failed to' swerve to the left or otherwise to steer clear of the plaintiff. As a result of the accident the plaintiff received a fracture of the right arm and bodily injuries. ■ The plaintiff sought to recover from the defendant a total of .£919 7s 9d special and general damages.

The defendant denied substantially the allegations of the plaintiff, and claimed that the plaintiff was negligent in that he failed to keep a proper lookout, failed to observe a warning signal given by the defendant, and failed to exercise reasonable care.

Evidence is proceeding.