DAMAGES CLAIMED

New Zealand Herald, Volume LXXIV, Issue 22864, 20 October 1937, Page 20

DAMAGES CLAIMED

LOSS ON SALE OF CAE

MOTOR MERCHANT'S ACTION PLAINTIFF AWARDED FULL SUM [by TELEGRAPH —OWN CORRESPONDENT] "WHANG A HEX, Tuesday An Auckland motor merchant's claim for £6O 9s lid as the cost of repairs, and £BS as loss incurred on the sale of a car as the result of damage in a collision, was heard by Mr. J. G. L. Hewitt, S.M., in the Whangarci Magistrate's Court to-dav Plaintiff was W. S Miller and defendants were Ivan Pearson and his wife, Sophia Pearson, service car proprietors, of Ohaeawai. Mr. 1. J. Goldstine, of Auckland, appeared for plaintiff, and Mr. L. A. Johnson, of Whangarci, for defendants. Mr. Goldstine said the claim was the sequel to a collision which occurred oil March 20 last year on a straight stretch of tho Kawakawa-Moerewa road when plaintiff's agent was taking a. brand now motor-car to Moercwa for the purpose of demonstrating it to a prospective purchaser. 1 lie driver was signalled to stop by a motorist coming in the opposite direction, and this he"did past the other car, giving the customary stop signal. The car was just coming to rest when it was hit severely in the rear by defendant's car. Evidence on these lines was given by D. T. M. Alison, driver of plaintiff's car, who said that after the impact, Mrs. Pearson, who was driving the service car, at first refused to give her name, but subsequently she did so. Mrs. E. M. McPherson, accountant for plaintiff, said the damaged car was eventually sold after repair, but £BO had to be reduced from the original price owing to "the accident. "I think 011 the evidence that plaintiff's driver gave the stop signal," said the mou;istr;ite. "With a new car, and the evidence before me, I feel sure that the two red stop lights at tho rear went 011 with the application of the brakes. I am quite sure that had the service car driver been keeping a good lookout, she should have known the car was going to stop, and that there was another car coming in front toward her, and she should have stopped her car." Judgment was given for the plaintiff for the full amount of £lsl 9s lid, with costs.