DAMAGES CLAIMED

Evening Star, Issue 20779, 29 April 1931, Page 9

DAMAGES CLAIMED

MOTOR COLLISION NEAR CROMWELL ACTION IN SUPREME COURT A claim for £1,339 damages arising out of a motor accident near Cromwell on March 13 of last year was heard in the Supreme Court this morning before His Honour Justice Kennedy and a jury of twelve. The plaintiff in the case was Leslie! Clifford Ord, orchardist, of Cromwell, and the defendant was Robert M'Naught, of Cromwell. Mr J, M. Paterson appeared for the plaintiff and Mr J. S. Sinclair for the defendant.

Mr Paterson said that on the day of the accident the plaintiff was riding a motor cycle from his home at Eippon-' vale towards Cromwell, and at the point where the Eipponvale and Cromwell roads intersect he was run into by a motor truck driven hy the defendant. Ord was badly injured, the result being that his left leg had to be amputated. To succeed in his action the plaintiff had to prove negligence on the part of M'Naugnt, who had in turn alleged contributory negligence against Ord, An unusual position had arisen.' The case came before Mr Justice Ostler at the last sessions, and His Honour put three questions to the jury. The first' of these was whether the accident was caused by negligence on the part of M'Naught, and the answer of the jury was “Yes.” The second question was whether Ord was guilty of negligence that contributed towards the accident, but on this matter the jury could not agree. The question of damages was the third one, but, as the second question was not answered, it was not necessary to answer the third one. A verdict on the first issue was accepted by the plaintiff, and the present trial concerned the other two only.' : Evidence was then called in support of the plaintiff’s claim.