DAMAGES CLAIM FAILS.

New Zealand Herald, Volume LXIV, Issue 19731, 2 September 1927, Page 15

DAMAGES CLAIM FAILS.

SEQUEL TO MOTOR ACCIDENT. JUDGE NON-SUITS PLAINTIFF. [BY TELEGRAPH. —OWN CORRESPONDENT. ] HAMILTON, Thursday. A claim for £1157 damages, brought by the victim of a motor accident at To Kuiti, was withdrawn from the jury by Mr. Justice Herdman, in the Hamilton Supreme Court to-day, on the ground that negligence had not been proved on the part of the defendants. The plaintiff was John Reid Graham, salesman, Te Kuiti (Mr. E. M. Mac Kersey), and the defendants were Melton Canning Stranger, company manager, Te Kuiti. and his employers, the Farmers' Auctioneering Company, Hamilton (Mr. H. P. Richmond).

Plaintiff stated that at 8 a.m. on March 28 he was walking down the centre of Tawa Street, Te Kuiti, when he was knocked over by Stranger's car from behind. Plaintiff contended that the defendant was driving at an excessive and improper speed Both plaintiff's legs were broken and he suffered other injuries, which kept bim in hospital for three months, and permanently incapacitated him from following any active occupation. He was 68 years of age, and although somewhat deaf had been strong constitutionally. The defence was a denial of negligence and excessive speeding. It was stated that when Stranger approached the point where Graham had appeared from behind ' another vehicle, he was driving at a reasonable speed and sounded his horn repeatedly. Evidence in support of this contention was given by an eye-witness. His Honor non-snited plaintiff.