SUPREME COURT.

Manawatu Standard, Volume LIV, Issue 291, 7 November 1934, Page 5

SUPREME COURT.

ACTIONS FOR DAMAGES,

Per Press Association. WELLINGTON, Nov. 6. Damages amounting to £827 6s were awarded by a jury in the Supreme Court to-day to Ivy Dunphy, of Lower Hutt, who was run into by a motor-car driven by Frank Searle, a gardener, of Taita, Low«rr Hutt, on March 23 and seriously injured. The case first came before the Court in August, when Miss Dunphy claimed £IOO9 general and £l7 6s special damages from Searle, but was nonsuited by Mr Justice Blair, who considered there was no evidence of negligence on the part of the motorist. A subsequent application to the Court of Appeal resulted in Miss Dunphy being granted leave to appeal as a pauper, while the non-suit was set aside and a new trial ordered.

With tlie claim increased to £2500, this was heard before the Chief Justice (Sir Michael Myers) on Monday and to-day, when the jury found that both Searle and Miss Dunphy had been negligent, lio by not keeping a proper look-out and giving yvarning of his approach, and she by the way in which sho attempted to cross the road. They considered, however, that the real and effective cause of the accident was the negligence of Searle and awarded Miss Dunphy £BOO general and £27 0s special damages. By a majority verdict of ten to two, a jury in the ’ Supreme. Court to-day found there had been no negligence on the part of William Barke, a masseur, of Wellington, who was sued for £3OO general damages and £53 10s special damages for injuries received by Mrs Amelia Taylor when she was struck by a motor-car driven by him. Mr Justice Reed entered judgment for defendant.