INJURED BY MOTOR-CAR

New Zealand Herald, Volume LXXI, Issue 21951, 7 November 1934, Page 16

INJURED BY MOTOR-CAR

WOMAN AWARDED DAMAGES VERDICT IN SECOND TRIAL [by TELEGRAPH. Pit ESS ASSOCIATION] WELLINGTON, Tuesday Damages amounting to £827 6s were awaro.ed by a Jury in the Supremo Court to Ivy Dunphy, of Lower Hurt, who was run into by a motor-car driven by Frank Searle, a gardener, of Taita, Lower Hutt, on March 23, and seriously injured. Tho case first came before the Court in August, when Miss Dunphy claimed £IOO9 general and £l7 6s special damages from Searle, but she was nonsuited by Mr. .Tustico Blair, who considered there was no evidence of negligence on the part of the motorist. A subsequent application to tho Court of Appeal resulted in Miss Dunphy being granted leave to appeal as a pauper, while the nonsuit was set aside and a new trial was ordered. With the claim increased to £2500, it was heard before tho Chief Justice, Sir Michael Myers, on Monday and to-day. Tho jury found that both Searle and Miss Dunphy had been negligent, lie 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. Tho jury considered, however, that the real and effective cause of the accident was the negligence of Searle, and awarded Miss Dunphy £BOO general and £27 Gs special damages.