SEQUEL TO MAORI BOY’S DEATH.

Manawatu Herald, Volume LV, Issue 4492, 16 May 1935, Page 3

SEQUEL TO MAORI BOY’S DEATH.

JURY AWARDS DAMAGES TO

PARENTS,

Arising out of a fatal accident on the Foxton-Levin highway early this year, in which the victim was Tawheta Winiata, a 15-year-old boy, his parents, Walter and Annie Winiata, proceeded against John Goldsmith Etheridge, commercial traveller, of Napier,.in the Supreme Court at Palmerston North yesterday for £IOOO damages. After a retirement of nearly four hours, the jury found that both defendant and deceased had been guilty of negligence, but decided that defendant, by the exercise of reasonable care, could have avoided the accident, notwithstanding the negligence of deceased. The jury fixed damages for the father at £350 and the mother at £l5O.

Mr Justice Smith was on the Bench. Plaintiffs were represented by Mr A. M. Ongley and defendant by Mr H. R. Cooper. Counsel for defendant moved for a non-suit, submitting that there was no negligence on the part of defendant or not sufficient evidence. Counsel for plaintiffs moved for judgment. His Honour adjourned further consideration of the action. The accident oecuiTed about 10 o’clock at night, the boy, who was walking along the road, being struck by a car driven by defendant. The hearing of the case occupied the whole day, the jury returning with its verdict at 9 p.m.