MOTORIST NEGLIGENT

Northern Advocate, 7 November 1934, Page 4

MOTORIST NEGLIGENT

JURY AWARD& DAMAGES. [Per Press Association. — Copyright], •WELLINGTON, This Day. Damages amounting to £827 Os 6d were awarded by a jury in the Supreme Court to Ivy Dunphy, of Lower Hutt, who was run into by a motor car driven by Frank Searle, a gardener of Taita, Lower Hutt, on March 23 and seriously injured. The case first came before the Court in August, when Miss Dunphy claimed £1990 general and £l7 Os 6d special damages from Searle, but she was non-suited by Mr Justice Blair, who considered thei’e was no evidence of negligence on the part of the motor- { ist. A subsequent application to the | Court of Appeal resulted in Miss 1 Dunphy being granted leave to appeal as a pauper, while the non-suit was set aside and a new trial was ordered. With the new trial, the claim in- ■ '-Teased to £ 2500, It was heard before i the Chief Justice, Sir Michael Myers, | on Monday and yesterday. ' The jury found that both Searle and Miss Dunphy had been negligent, 4ie by not keeping a proper lookout and giving warning of his approach, and she by the way in which she attempted to cross the road. The jury considered, however, that the real effective cause of the accident was the negligence of Searle, and awarded Miss Dunphy £BOO damages and £27 0s 6d special damages.'