KARORI ACCIDENT

Evening Post, Volume CXXV, Issue 81, 6 April 1938, Page 18

KARORI ACCIDENT

INJURY TO CHILD

JURY AWARDS £500

A.jury in the Supreme Court yesterday afternoon awarded £500 general damages and, £8 8s special damages to John Ross Baxter Wilson, the young son of Peter Livingstone "Wilson, clerk, through whom he sued Marshall's Farm Products, Ltd., of Blair Street, Wellington, for £750 general damages and £11 lis special damages. The boy was injured on November 23, 1937, by a lorry travelling in an easterly direction' along the main Karori Road in the vicinity of the township.

The action was presided over by Mr. Justice Reed. Mr. W. Perry, with him Mr. R. E. Pope, appeared for the plaintiff, arid Mr. G. G. G. Watson, with him Mr. W. P. Shbrland, for the defendant company.

The child, said the statement of claim, suffered a lacerated wound to the face and a fracture of a facial bone, a fracture of both bones on the left forearm, and a fractured left collarbone. It Avas alleged that the'driver of the-lorry-had been negligent in driving* at ah 'excessive speed in the circumstances, failing to keep a proper look-out, driving with a lorry dangerously loaded, failing' to sound a warning, and failing to keep the vehicle under proper control. The boy, it was contended, suffered permanent facial disfigurement.

The defence was a denial of negligence, and a further defence was that the child ran into the side of.the lorry from the footpath past a parked bus, so emerging suddenly from an obscured position, failed to maintain a proper look-out, and ran across the road without keeping a look-out.