A BIG CLAIM

Hokitika Guardian, 1 November 1932, Page 6

A BIG CLAIM

mi -HUSBANDS. DEATH. judgment fob defendant. '(Per Press Aisuctution— Ccjynght, ) CHRISTCH iJIICH, Nov. 1. The.hearing of a claim for £2544 14s damages, arising dut. of an accident in Bealey Avenue on May 11, in which Augustus Philip de L (Jour met his death, was commenced in the Supreme Court yesterday.; .morning, before h.s liorioiir Mr Justice Ostler and a. jury. Plaintiff claimed f«2o00 general damages alid £44 14s . special damages. The plaintiff was Agnes de la Comv widow* executrix of ti.e will, of tlie late Augustus Philip de la Cour* and the defendant was Gladys Josephine Grav \of Christchurch, school • teacher. The claim was made under the Death by Accident Compensation Act, 1908, and plaintiff took action on behalf of herself and of Neil Augustus de la Cone,' Lorria' Margaret de h Cour,. and John Gough de la. Cour. Mr Johnson,- with Mr Gee, appeared for plaintiff, while d fendant was represented by Mr Tliomas. * • PLAINTIFF’S ALLEGATIONS. \ . The claim set out., that on May 11, at 1. p.in., defendant was driving a ihotof-ciireairt along;Boatey Ai ©uue* and at the Bishop Street liitemectioif negligently collided. with Augustus 'Philip de Ja Oriuir, who rode a incyde out of Bishop Street, and was going west along Bealey Avenue. De la Cour. received injuries from which he difeef that day. It was alleged that dotfendant was negligent in (a) driving at an excessive, speed, (b) failing to keep a proper look-out, (c) failing .to sidw m> when approaching ail inter-., section, (d) failing to give warning of Tier approach-, ‘ (C) failing, -when she saW'de Ja Cour, to take steps td avoid an accident. ' '.'The statement of defence gave a general ddiiial to the of negligence in. the claim. Flirt lie t, the defendant stilted! that ‘if she was negligent (which she denied), then de 14 'Cdtti* 'Vas guilty of contributory 'neigtigeihce in failihg to fcae>p-a proper look-out, failing to give way;to traffic in a main iPad, travelling on the incorrect side of the road, failing'to give way to traffic coming from the right, failing to signal hi? intention to turn to the 7 'right, and in failing to keep hi,9 position on the left till lie ' had passed the centre line of Bealey Avenue. It was further held that de la Cour swerved out of his enure© so as to Bring him into the path of defendant’s car.

HUSBAND’S EARNINGS. , Susan Agne® de la Oour, plaintiff, said that her late husband was in his forty-eighth year when he met his. death by accident. Neil Augustus de jla Cour, her second child, aged '23, was an invalid and could do no work. There was little hope of any great Improveiimt in his condition, and the medical expenses wt-re heavy. Lornal Margaret de la Cour, aged 18, had ilb employment. John Gough dp la Cour was aged 15, and was.still at school. Witness received, a net amount of £1532.f0r insurance. She estimated that the rest of the esjbate would not realise anything. Deceased was thle managing director of P. J. de la Cour and Son, Ltd., loot manufacturi ers.' ' 1 \ .“He was the main on© in the business,” said Witness. “His father was more of a hindranc# than a help, fthd ©hot himse,’f isome months aftier the accident. My husband' di-few £o ( per week from March lust, but prior to that Bis drawings were larger. He was confident he could have pulled the business through the slump.” ! Douglas Partridge Wilson, surveyor, igaidl that there were trees and a paling fehce on the corner which made the view into Bishop Street a broken one. The longest uninterrupted view was 2-2 feet. Leslie D. J*. Smith, a dark of the Magistrate’s Court, Christchurch, produced records which showed that Miss Gray had been charged in the Magistrate’® Court with driving “at a speed which, having regard to all the circumstances of the case, was dangerous to the public.” She pleaded guilty to that .charge. EVIDENCE OF'EYEWITNESSES'. Alary O’Oomiell, a married woman, said, she witnessed the accident from the north side of Bealey Avenue. The cyclist came very ..Jowly out of Bishop Street into Beialey Avenue. Ho was ijear the centre of Bishop Blivet, and took a gradual turn into, the Avenue. When the cyclist was struck lie was thrown up- in ,the air. The car, witness thought, was going at a fairly fast fat© of .speed. J ’Albert Clrii# ,4 William-:, compositor, said he was cycling west along Bealey Avenue at the time of tire accident. The cyclist concerned had not. taken a strictly , correct turn. The ear ap- ’ Reared! not to change its direction. The car -seemed to be .travelling from 20 to 25 miles per hour. Ofws-exnmi’ujed, witness said that he did make a ..statement that in his opinion the car driver was unable to avoid an accident in any way, as she -had just, reached the'’intersection when the cyclist came out of Bishop Street on his wrong side. JURY’S VERDICT. After hearing further evidence this morning, the jury retired to consider tbetr verdict. The jury found for defendant with costs. , •" judge O-H : said the evidence, ol negligence was slight.