LORRY AND CAR

Evening Post, Volume CXXVI, Issue 102, 27 October 1938, Page 11

LORRY AND CAR

A claim for £1750 general damages and. £316 special damages engaged the attention of his Honour Mr. Justice Quilliam and a jury in the Supreme Court today. The action arose out of a mofor accident on the evening of Sunday, March 13, near the northern entrance of the Porirua Mental Hospital, on the main road. The plaintiff was Alfred Dean, waterside worker, and the defendant was Thomas Fugle, carrier, of Karori.

The statement of claim set out that Roy George Glennie, driver and agent for the defendant, who was proceeding in i he direction of Titahi Bay, had allegedly negligently driven a lorry so that the rear portion of the lorry swung into the driving side of the plaintiff's car. The allegations of negligence were failure to keep as near to the left as practicable; driving on the incorrect side of the road; excessive speed, in the circumstances; and failure to keep a proper look-out. The plaintiff received a compound fracture of the right arm, and said he would be unable to do heavy manual work again. The defendant denied negligence. He admitted that the plaintiff's car had "brushed" his lorry in passing, but alleged that the accident was due entirely to the negligence of the plain-, tiff in failing to keep as near as practicable to the left; in failing -to keep to the left of the centre line; excessive speed; failure to keep a sufficient look-out; failure to allow sufficient clearance; and in driving with his right arm projecting over the side of the car. Alternatively, if the defendant were negligent, there was contributory negligence. *„«,-, Mr W. E. Leicester appeared for the plaintiff, and Mr. E. Parry for the defendant. . , The hearing of evidence is proceed-