CLAIM FOR DAMAGES.

Hawera Star, Volume XLVIII, 16 February 1925, Page 7

CLAIM FOR DAMAGES.

MOTOR FATALITY CASE.

THE JURY'S VERDICT

(by tklkgraph —press association WANGANUI, Feb. 16

In connection with the claim made by Annie Cricks, widow of Chas. Pcrcival Cricks, against Messrs Martin and Vernon for £2OOO alleged damages incurred to her and her son m consequence of her husband’s death, which was caused through a collision of the latter s bicycle and one of defendant’s cars, the judgment was wrongly stated in a previous Press Association message. The issues- agreed upon and put to the jury were: (1) Did the driver of the ear cause the accident by not using reasonable care? (2) Could Cricks have avoided the accident by exercising reasonable care tor his personal safety." (3) To what damages is plaintiff entitled? . His Honor, in summing up, said it was important that the jury should answer all questions. After a brief deliberation, the foreman informed his Honor that the jury had agreed to answer the first two questions in the affirmative, hut in view of their answer to the second issue, they did not think it necessary to answer the question relative to damages. . The judge asked the jury to retire again and assess the damages, as in view of eventualities it was their duty to do so. The jury then awarded damages to the extent of £SOO. the claimant to receive £3OO and her son £2OO. Mr Cohen, counsel for the defendant, thereupon moved for judgment, submitting that the answer to the second issue entitled him to receive judgment tor his client. His Honor' entered judgment tor Martin and Vernon, with costs, witness* expenses and disbursements, and gave a certificate for the second day of the trial, leave being reserved to the plaintiff’s counsel. Mr Cunningham, should he think fit so to do, to take out a motion for judgment for the plaintiff.