COMPENSATION AWARDS

Greymouth Evening Star, 9 November 1935, Page 5

COMPENSATION AWARDS

MOTOR CYCLISTS’ COLLISION [per press association.] TAURANGA, November 8. A sequel to an accident on the Tauranga-Te Puke Road on March 9, when a native named Wineti was killed, and a. European. Patrick L. B. McCarthy, was seriously injured, was heard in Court, hero yesterday before Mr. E. L. Waltqn, S.M. McCarthy proceeded against George Albert Baikie, claiming £3OO. Plaintiff’s statement of claim set out that while properly riding his motor-cycle on the correct side of the road he collided with a motor-cycle ridden by Wineti, who, in the terms of- the Motoi’ Vehicles Insurance Third Party Risk Act, was the authorised agent of tile defendant, who was. the owner, of the motor-cycle. Wineti also was unlawfully riding the motorcycle, as he held no licence to do so, although he held a motor lorry driver’s license. The* plaintiff claimed: (a) £26/5/-, hospital expenses; (b) £22/10/-, private nursing fees; (c) £234, for loss of wages for twelve months; (d) £2OO general damages. The plaintiff abandoned the claim as to £lB2/15/- to bring the claim within the jurisdiction of the Court, and claimed the sum of £3OO. There were no actual eye-witnesses of the accident. After evidence lasting for nearly seven hours, the Magistrate found that the Maori was riding on the wrong side of the road, such negligence being the direct and approximate cause of the accident. He found’:for plaintiff for the full amount claimed and costs. Security for appeal was fixed at £2O.

LOWER HUTT COLLISION. WELLINGTON, November 8. The jury in the Supreme Court tonight awarded- £1,550 general damages and £132/2/6 special damages to Roy Theodore Edsen, hairdresser, Lower Hutt, in an action arising out of a motor collision in which he lost a foot and had seven ribs and his spine fractured and received a perforated lung. The case began yesterday morning. Defendants were Robert Kells, owner of. the car, with which Edeen collided on a motor-cycle and Violet Kells, his daughter, who drove the car. Plaintiff claimed £2,000 general and £132 special damages. WOMAN’S INJURIES. GISBORNE, November 8. Judgment for £525 general and £149 special damages was awarded by the jury in a civil action concluded before Mr. Justice Smith in the Supreme Court to-day. Tlie plaintiff was Dorothy Catherine Mackay (Newstead, Waikato) and the defendant John Ward (Rutoria), the action arising from a collision between the plaintiff’s car and a lorry owned by defendant, near Tepuia on May 14. Negligence was the basis of the claim, and the jury held this was proved. In the accident, the plaintiff sustained a broken knee cap, which, medical opinion testified, had left her a permanent disability.