AWARDED £1650

Gisborne Times, Volume LXXXII, Issue 12476, 12 February 1935, Page 4

AWARDED £1650

PAYMENT ‘I'O AYIDOW AND TWO CHILDREN.

SEQUEL TO AIOTOR COLLISION

(Press Asstv-.inuorr. DUNEDIN. Feb. 11

In the Supreme Court on Saturday, hearing was continued in a case in which substantial damages were claimed by the Public Trustee, as administrator of the estate of Thomas Albert Carr, who died from injuries received in a collision on July 19, against the City Corporation and Nestle’s Anglo-Swiss Condensed A lilt Company (Australasia). Limited. The tramcar involved in the accident was driven by a corporation employee, Henry Cross, while the motor car which collided with the cyclist, was driven by an employee of the defendant company, John Ainslio Sparrow.

Air. Justice Kennedy presided, rind the evidence was also heard by a jury,

The plaintiff claimed against the defendant company and the defendant corporation the sum of £4OOO by way of damages, the costs incidental to the action, and such further relief as seemed fit to the court. As an alternative, it was alleged that the collision of the motor-car and Thomas Carr was the result of the negligence of Sparrow, a servant of the defendand company and the plaintiff therefore submitted a similar claim against the company. A third alternative claim of a similar nature was made against the defendant corporation on the ground that the collision of the motor-car and Thomas. Carr was the result of the negligence of Cross.

The jury retired at 2.26 p.m. and returned at 8.45 p.m. The issues they were asked to decide, with answers, were as follows : Was the death of Carr caused by the negligence, in any of the respects alleged, of John Ainslie Sparrow ?—Yes.

Was it caused by the negligence of Cross ?—No.

Was tho death of Carr caused by this negligence of Sparrow and Cross ? —No.

Damages was assessed by the jury at £1650, the widow to receive £650, and each of two children £SOO. The question of costs was reserved.