HUSBAND'S CLAIM

New Zealand Herald, Volume LXXVI, Issue 23507, 18 November 1939, Page 15

HUSBAND'S CLAIM

'OKAIHAU TRAGEDY OWNER OF CAR SUED CASE FOR DEFENCE OPENS VEHICLE UNLAWFULLY TAKEN The hearing of the claim for £2500 general and £22 special damages for the death of liis wife, brought by Richard Bertie Marsh, of Okaihau, county council employee (Mr. Wylie and Mr. McCarthy)-, against Norman Robert Absolum, of Kaitaia. painter (Mr. Trimmer and Mr. A. K. Turner), was continued before Mr. Justice Fair and a jury in the Supreme Court yesterday. The claim arose from a fatality at Okaihau on June 16, when a Maori, William Pera Paki, drove a motor-car owned by defendant into a stationary car in which plaintiff's wife, Annie Evelyn Marsh, was seated. She died next morning from injuries received. Plaintiff alleged that Mrs. Marsh's death was caused by the reckless negligence of Paki, and that the car owner was legally liable. Defendant answered that if his car did cause Mrs. Marsh's death it was unlawfully in the possession of Paki, and that her death was caused by Paki's wilful and deliberate act.

The defendant, Absolum, said that Paki had had no authority from him to take the car. It was in good order, and he thought it was capable of travelling about 80 miles an hour. Just prior to the accident Paki drove it at a terrific .speed, which witness estimated at about 75 miles an hour. In cross-examination, witness said that if Paki had been thrown violently against the steering wheel it would be very difficult for him to take measures to stop the car. The wife of defendant gave evidence that she had given no authority to Paki to take her husband's car. Evidence was also given by a public accountant of the monetary loss plaintiff was likely to have sustained through the death of his wife, and the case was adjourned until Monday.