HUSBAND'S CLAIM

New Zealand Herald, Volume LXXVI, Issue 23505, 16 November 1939, Page 8

HUSBAND'S CLAIM

■ OKAIHAU TKAGEDY SEQUEL TO DEATH OWNER OF CAR SUED DAMAGES OF £2500 SOUGHT A claim for £2500 general and £22 5s special damages for the death of his wife was brought by Richard Bertio Marsh, of Okaihau, county council employee (Mr. "VVylie and Mr. McCarthy), before Mr. Justice Fair and a jury in the Supreme Court yesterday. The claim was made against Norman Robert Absolum, of Kaitaia, painter (Mr. Trimmer and Mr. A. K. Turner). Defendant was the owner of a motorcar, which was taken on June 16 last at Okaihau, by a Maori, William Pera Paki, and driven into a stationary car in which plaintiff's wife, Annie Evelyn Marsh, was sitting. As a result she received .fatal injuries, and the plaintiff alleged that her death was caused by the reckless negligence of Paki. Plaintiff sued also on behalf of his two infant daughters, aged three and five respectively. Defendant answered that if his car did cause Mrs. Marsh's death then it was at the time in possession of Paki unlawfully, and her death was caused by his wilful and deliberate act. Mr. "VVylie said that plaintiff claimed that in virtue of the law of New Zealand the owner of the car was responsible for the acts of any other person who was driving it. The 'position was exactly the same in law as if defendant had been driving the car himself, and that was the basis of plaintiff's claim. Counsel recalled that just before Mrs. Marsh's car was struck where it was parked at the side of the road, Paki had been driving up and down the main street of Okaihau at a terrific .speed and in a dangerous manner. Evidence regarding plans and photographs of the scene of the fatality was given by a surveyor, and plaintiff detailed various ways in which he had been put to increased expense through the loss of his wife, who was aged 23 at the time of her death.

The hearing was adjourned until this morning.