STRUCK BY CAR

New Zealand Herald, Volume LXXIII, Issue 22353, 26 February 1936, Page 18

STRUCK BY CAR

CLAIM FOR DAMAGES INJURY TO SCHOOLBOY WRITTEN LEGAL ARGUMENT [by telegraph —OWN correspondent] WHANGAREI, Tuesday A boy, aged 11 j;ears, was the plaintiff to-day at the Magistrate's Court when Harold James Johnson, son of Samuel Johnson, of Morningside Road, claimed from John Wordsworth, of Mill Road, nurseryman, the sum of £9l, being hospital expenses £l6 and general damages £75 as the result of tho alleged negligent driving of defendant's car. Mr. G. N. Morris, S.M., was on tho Bench. Mr. Johnson, for plaintiff, said the claim arose out of injuries received by plaintiff when ho was going homo from school with three other children. A tennis ball had been thrown across the road and the boy intended to cross the street to retrieve it. Two cars were approaching; the boy allowed the first car to pass, but did not see the second car, which was travelling very fast on the wrong side of the road. The boy was knocked over and received injuries which necessitated his removal to hospital. Evidence was giveu on these lines by plaintiff. To Mr. Trimmer, counsel for defendant, witness said that white lines were marked across the street at tho school for children to cross, and the teacher had told them to use this* method of crossing and not to play on the road. After hearing evidence the magistrate said he would adjourn the case to allow written legal argument. He expressed the opinion that contributory negligence by children was not an easy question to decide.