INJURIES TO FARMER

New Zealand Herald, Volume LXXII, Issue 22045, 27 February 1935, Page 14

INJURIES TO FARMER

CLAIM FOR £927

STRUCK BY MOTOR-LORRY

DEFECTIVE BRAKES ALLEGED [from our own correspondent! HAMILTON, Tuesday A claim for the recovery of damages amounting to £927 5s was made in tliQ, Hamilton Supreme Court to-day by Murdoch Albert Welch, farmer, of Mokauiti, near Te Kuiti, against James Allison, cartage contractor, also of Mokauiti. The claim was for compensation for injuries received by plaintiff and his daughter, when they were allegedly struck by Allison's motorlorry on July 1, 1934. A sum of £BOO was claimed as general damages, and £127 5s special damages.. The case was heard before a jury and Mr. Justice Fair. Plaintiff was represented by Mr. Mackersey, and Mr. Strang appeared for defendant.

In the statement of claim it was alleged tfcat an employee of the defendant, Jack Hayes, drove Allison's motor-lorry along the Mangateka Road, near Mokauiti, in a negligent manner so as to knock down and run over plaintiff and his infant daughter, aged four years. It was stated that Hayes drove on the wrong side of the road at an excessive speed, while the brakes were defective. As a result of the accident plaintiff suffered a fractured leg, dislocation of the right ankle joint, and severe bruises, His daughter had her arm fractured. Since November 15 plaintiff ha.d been able to do only light work, being partially incapacitated. The defence was a denial of the allegations, and a contention that the accident was due to plaintiff's own negligence in stepping in front of the lorry. Mr. Mackersey said that the accident occurred when plaintiff was moving a flock of sheep. The lorry approached from behind the flock. Plaintiff was carrying his daughter on his back, and started to walk across the road, following the sheep. He was unaware of the approach of the lorry until it struck him. After knocking him down, the vehicle went a further 20ft. along the road and ran up a bank. John Garland, farmer, Waipu, gave evidence that he was a passenger in defendant's lorry at the time of the accident. The brakes had not acted ou a hill prior to the accident, and when the lorry was approaching plaintiff they again failed to act. Welch, apparently did not hear warning shouts. The plaintiff gave evidence on the lines indicated by counsel.

Dr. C. W. Isaac, of Te Euiti, said plaintiff had a .permanent sti( p ness of the ankle joint, and would always suffer a certain amount of pain. Dr. E. C. Brewis also gave evidence, and the case was adjourned until tomorrow.