DAMAGES FOR WIDOW

New Zealand Herald, Volume LXIX, Issue 21277, 2 September 1932, Page 14

DAMAGES FOR WIDOW

HUSBAND STRUCK BY CAR JURY AWARDS SUM OF £2OO LEGAL POINT TO BE ARGUED The hearing of a claim for £IOOO damages made by the widow of a cyclist who was struck by a motor-car in Quay Street on March 4, 1931, was concluded before Mr. Justice Herdman and a special jury yesterday. The plaintiff was Catherine Lynch, whose husband, Robert Lynch, waterside worker, died at the age of 54 on April 24 last, and she made claim against David Silk, jeweller, who was driving tho car involved in the accident. Slua alleged that her husband's death was due to the defendant's negligent driving. Defendant, in evidence, said ho was about 15ft. behind tho cyclo when the rider took a, sudden swerve to the right, as if ho had suddenly remembered something and was turning round. Witness swerved to tho right, but could not avoid a collision. It was not true that witness had been driving directly behind tho cyclist, or that he had told Constable Patterson that he did not see the cyclist until he was right on lop of him. He was very much upset; by tho accident and told the constable he was not in a position to give a statement, as lie was too excited. He gave a statement to a police sergeant later.

"There is 110 reason why he should not have got a solicitor," said His Honor when counsel for plaintiff was questioning defendant about his having taken a solicitor with him when lie made a statement to the police. 1 Queenie Silk, a daughter of the defendant, who was in the front seat of tho car ab the timo, said the cyclist had swerved suddenly to the right without giving any sign and banged right into the side of the car.

Frank Lloyd Diddams, jeweller, who was in the back of the car, said he saw tho cyclist about 200vds. ahead. As the car overtook the cyclist there would be sufficient room for another car to pass safely between them. Lynch made a sudden turn as tho car approached and struck the side of it.

His Honor said no claim could be made by the widow for pain or suffering of hor husband, or for medical expenses, but onlv on the ground that by reason of the death of her husband some pecuniary benefit sho might reasonably expect to have enjoyed if her husband had lived had been lost to her. The jury might conclude from the evidence that the man at the time of the accident was in a precarious state of health which was only revealed after his death. The jury returned a verdict of £2OO damages for the plaintiff. Judgment was not entered, but the case was adjourned to admit of further argument on a non-suit point.