Injured Pedestrian Secures £944 Damages

Manawatu Times, Volume 62, Issue 105, 5 May 1937, Page 3

Injured Pedestrian Secures £944 Damages

KNOCKED DOWN BY MOTOR-CYCLE As a sequel to an accident on Raugitikei line on the night of April 17, 193(3, when a motor-cycle carrying three men crashed into four persons walking along tho road, causing the death of one and serious injuries to another, a claim was made by the latter in the Supreme Court yesterday afternoon for £1094 damages. Plaintiff was Dulcie Lorna Campbell, of Awaliuri, aged 18, proceeding through her father, Andrew Frederick Campbell, farmer, while defendant was William Richard Pau., of Awahuri, dairy factory employee. Mr. T. F. Belling, with him Mr. G. E. Rowe, appeared for plaintiff, and Mr. A. M. Ongley for defendant. The following jury was empanelled: Messrs. A. M. Spilman (foreman), F. W. Ayers, C. A. Bobotham, A. YV. Black, W. Garden, L. Hughes, G. C. Webber, P. F. Price, R. F. Packer, L. A. Ilanson, R. E. Small and F. L. Bennett. Tu her statement of claim, plaintiff set out that in conjunction with her two sisters and a friend, she was walking in a south-easterly direction along Rangitikei line, when she was overtaken by a motor-cycle proceeding in the same direction, such motor-cycle being owned and driven by defendant. It was alleged that the motor-cycle was so carelessly and negligently managed by defendant that it collided with plaintiff and those accompanying her, so that plaintiff was violently thrown to the ground, sustaining a fracture of the superior maxilla, received cuts and abrasions and was rendered unconscious. The alleged negligence of defendant consisted of his conveying three persons (including himself) on the motorcycle, in failing to keep a proper look-out, in his travelling at an excessive speed having regard to all the circumstances, in his failing to stop the machine, and in his failing to steer past plaintiff and those accompanying her. in consequence, she had suffered pain and had, sustained very severe shocic to her nervous system, and had incurred expense for medical attention and treatment, and had been compelled to enter Queen Mary Hospital, Hanmer, where she was a patient for the period extending from November 10, 1936, to January 2S, 1937. Accordingly, plaintiff claimed £IOOO general damages and £94 Gs 3d special damages. Defendant admitted negligence and his liability to pay damages, but disputed the amount claimed and asked that it bo assessed by the Court. Evidence was given by Mrs. Irene Campbell, mother of plaintiff, that she had brought her daughter away from Hanmer as a result of repeated requests in letters. She had shown somo slight improvement since her return, but was still subject to turns of depression. Drs. E. C. Barnett and C. King gave evidence as to the effect of the accident on the nervous system of the girl. For the defence, Mr. D. S. YVylie, F.R.0.5., advanced tho opinion that plaintiff should have remained at cannier. The bringing of her away from that institution had retarded her ultimate recovery. Addressing the jury, Mr. Ongley said defendant was prepared to pay reasonable damages, but was unwilling to pay for the harm that had been brought about by the mother’s action. Mr. Belling claimed that the whole of the girl’s condition was due to the accident. After a retirement of three-quarters of an hour, the jury returned ■with, a verdict awarding the full amount of the special damages (which were not in dispute) and asscssiug the general damages at £BSO. Judgment was entered accordingly.