JURY DISAGREES

New Zealand Herald, Volume LXXV, Issue 23181, 29 October 1938, Page 16

JURY DISAGREES

CLAIM FOR DAMAGES MAN BTRUCK BY RENTAL OAR EVIDENCE FOR THE DEFENCE LATE SITTING OF COURT Evidence for the defence in a claim foi' damages arising out of an accident noar the intersection of Queen Street and Victoria Street on April 30, 1937, was heard before Mr. Justice Callan and a jury in the Supreme Court yesterday. Frederick Francis Slye, labourer (Mr. Gould), claimed £1370 from a rental car firm, Drive Yourself, Limited (Mr. Goldstine), alleging that, while ho was within an authorised pedestrian crossing, he was knocked down and injured by one of the defendant company's motor-cars, driven at the time by Edwin Hamilton Brown.

Plaintiff alleged that the driver failed to yield the right of way at an authorised place, that he failed to reduce his speed when approaching the crossing and failed to stop. In his claim plaintiff stated he was totally incapacitated and was still unfit. The Driver's Evidence Brown, in evidence, said he drove from Victoria Street East around the traffic dome and proceeded down Queen Street. There were no pedestrians on the crossing when ho approached at a speed of about 12 miles an hour. As he was passing a car which was parked on the left about 3ft. beyond the crossing witness observed plaintiff running across the road. He had come from the front of the parked car and was about 3ft to 4ft. from the left front mudguard of witnesr' car when witness saw him. Plaintiff kept running, witness said, and was struck by the front of the car. Brown said he applied his brakes and stopped in about a car length. It was not correct to say that plaintiff was on the crossing at the time of the accident. Witness said he visited plaintiff in hospital two days after the accident. In conversation plaintiff then said there was no blame attachable to witness at all, and said it was an error of judgment on his part. He said he had come from the front of the car.* Two Medical Witnesses ■ Kenneth Mackenzie, surgeon, said ho examined plaintiff on October 19. He found symptoms of arthritis in both knees. Witness thought the arthritis was due to some general constitutional condition. From examination, witness considered plaintiff had recovered from his injury in the accident. Evidence that the plaintiff's fractures were now quite soundly healed was given by Dr. Selwyn, Morris, orthopaedic surgeon at the Auckland Hospital. The only trouble was that plaintiff's knees showed signs of well-advanced arthritis. Witness considered this was of many years' standing and that the accident had made no difference. Mrs. Dulcie E. Brown, mother of the driver of the rental car, stated that she spoke to plaintiff in hosptial after the accident. He said it was due to his own fault. « Statement by Eye-Wltness Patrick M. McCann said he was walking on the footpath on the west side of Queen Street, when he saw the car going over the crossing at a speed of not more than 15 miles an hour. He also saw plaintiff, who appeared to be in a hurry, as he ran across the road. Witness saw the accident, which occurred well below the pedestrian crossing. After a retirement of four and aquarter hours, the jury returned to inquire if the Court would accept an agreement of two-thirds of the jury. His Honor said that, because of the length of time the jury had taken, and failed to reach a verdict, he would be prepared to take the unusual course of permitting an agreement of threefourths. The jury was instructed to retire a second time, and returned within a quarter of an hour, having failed to reach an agreement. The jury was discharged, and the Court rose at 9.40 p.m.