COLLISION OF MOTORS.

New Zealand Herald, Volume LXIX, Issue 21109, 17 February 1932, Page 12

COLLISION OF MOTORS.

DAMAGES FOR PASSENGER. RIGHT TO MAKE CLAIM. NEGLIGENCE OF A DRIVER. A sequel <o <1 collision between two motor-ears at Papatoetoe on March 22. 1931, was heard in the Soupveme Court vesterdav, when Alexander (.'alder Black, farmer, of Papaloetoe, and his wife, Agnes Emily Black, proceeded against Y\ illiam Stoupe, land agent, of Papaloetoe. It was alleged by plaintiffs that defendant negligently and unskilfully drove his motor car in St. George's Road, Papatoetoe, so that it collided with another car in which Mrs. Black was a passenger. As a result of the collision Mrs. Black received severe spinal and other injuries, and was for a number of weeks a patient in the Auckland Hospital. She had suffered great pain and had been unable to carry on her household duties. Agnes Emilv Black claimed 111250 general damages and her husband, who had been deprived of the services of his wife in his home, claimed £250 general damages, £123 14s special damages, and £1 10s a week for providing help to carry on household duties. The case was heard before Mr. Justice Smith and a jury of 12. Evidence was given by Mrs. Black that her car, driven by her son, was proceeding along St. George's Road in the direction of Kolmar Road. Witness saw defendant drive his car out of a side street and cross St. George's Road toward witness' car and the intersection of Kolmar Road. A collision occurred and witness was hurt. Witness was of the opinion that defendant did not keep a sufficiently careful lookout. Witness' car was not travelling very fast. Defendant, in evidence, said he intended to drive across St. George's Road into Kolmar Road. Ho stopped near the middle of tho road and left suflicient room for plaintiff's car to pass. Plaintiff's car, which was travelling at a fast pace, struck the corner of the kerb and knocked down a'lamp post. Cross-examined, witness admitted lie was going to pass the traffic dome at the entrance to Kolmar Road on the wrong side. At the time, he said, repairs were in progress on the correct side of the road. In summing up, His Honor pointed out that a passenger in a motor-car had no control over his driver, and even though his driver was guilty of negligence or contributory negligence, the, passenger was entitled to claim damages. The jury decided that defendant was guilty of negligence and awarded Agnes Kmily Black £250 general damages and her husband £65 4s special damages. Motions for a non-suit and a new trial were made by counsel for defendant. His Honor reserved his decision.