PARENTS' CLAIM

New Zealand Herald, Volume LXXVI, Issue 23504, 15 November 1939, Page 14

PARENTS' CLAIM

MAOKI BOY'S DEATH STRUCK BY MOTOR LORRY CASE FOR DEFENCE OPENS The retrial of the claim of a Maori, Karora TCohu, and his wife for damages from the Tauranga ElectricPower Board was further heard by Mr. Justice Callan and a jury in the Supreme Court yesterday. The son of the plaintiffs, Niwhai Kohu, while cycling out of a side road, was struck and killed by a lorry of the Tauranga Power Board. The case was tried before a jury.last February, but subsequently a retrial was ordered by the Court of Appeal. Mr. Cooney and Mr. Thomson appear for the plaintiffs and Mr. V. P. Meredith and Mr. N. I. Smith for the defendant board. The claim is for £3O special and £BOO general damages. Gerald Bennett, road foreman in the State service, said he saw the Power Board's truck passing at a high speed just before he heard the crash of the accident. The truck had been partly on its incorrect side of the road. The corner was a very bad one. Evidence of measurements and conditions at the scene of the accident was given by Constable H. P. Hodge, who was on the spot shortly afterward.

After consulting records, witness told Mr. Meredith there was no suggestion at the inquest that the lorry driver, Davidson, was on his incorrect side of the road. Davidson was not prosecuted in respect of this matter. Similar evidence was given by Constable l'\ C. Lockie and medical evidence was read.

Opening the defence, Mr. 'Meredith said that Davidson was a first-class, experienced driver. He would say he Saw the Maori boy pedalling out of the side road, -and the only thing left for him to do was to try and save the boy by swerving to the right. In that ho was almost successful, but the boy struck the left headlamp. The evidence of the lorry driver, Harold William Davidson, electrician", was commenced before the Court adjourned until this morning.