STRUCK BY LORRY

Evening Post, Volume CXXIII, Issue 112, 13 May 1937, Page 5

STRUCK BY LORRY

PEDESTRIAN CLAIMS £253

INJURIES TO WRISTS

A claim for £253 lis 6d was made in the Supreme Court today by John Henry Smye, a carpenter, against J. G. Marshall, Ltd., furniture manufacturers, as the result of the plaintiff's being, knocked down in John Street, near its junction with Adelaide Road, by a lorry belonging to the defendant company. ,

Mr. Justice Ostler and a jury of four heard the case, in which Mr. W. E. Leicester appeared for the plaintiff and Mr. W. Perry for the defendant.

In: his statement of Claim the plaintiff said that on September 29 last, at about 5 p.m., he was crossing John Street from north to south when the employee driving the company's lorry so negligently' and unskilfully handled it that it ran him down. The negligence was alleged to have consisted in failing to keep a proper look-out, failing to sound the horn, cutting the corner when turning from Adelaide Road into John Street, and failing to stop or slow down to permit the plaintiff to complete his crossing. As a result of the accident, the plaintiff said, he: had suffered two fractures of the left wrist and an injury to his right wrist. He had not yet fully recovered. He claimed £3 lis 6d special damages and £250 general damages. '

The statement of defence admitted the collision, but denied all the plaintiff's other allegations. For a further defence the company said that the accident was caused by the negligence of the plaintiff in failing to keep a proper look-out, failing to observe and avoid the lorry, walking diagonally across John Street., suddenly emerging from behind a stationary tram, and failing to use reasonable care. Evidence was given by both sides. (Proceeding.)