£1084 AWARDED

New Zealand Herald, Volume LXXVI, Issue 23512, 24 November 1939, Page 10

£IOB4 AWARDED

CLAIM BY CYCLIST OWNERS OF VAN SUED DOMINION ROAD ACCIDENT APPLICATIONS BY DEFENCE An action for damages brought by a motor-cyclist, who suffered a serious injury to his leg in a collision at the corner of Elizabeth Street and Dominion Road on May .18, 1938, was concluded before Mr. Justice Fair and a jury in the Supreme Court yesterday. The plaintiff was Francis James Wilson, aged 27, labourer (Mr. A. A. Co&tes), and the defendants Wilfred and Philip Malcolm Gaeth (Mr. Mahony). The accident, it was stated, happened about 7.30 p.m. Plaintiff, who was on a motor-cycle, had turned from Elizabeth Street into Dominion Road, and came into collision with a van driven by Philip Malcolm Gaeth, who was aged 18 years at the time. Plaintiff alleged that the accident was due to the van driver's negligence, and for his injuries plaintiff claimed £93 special and £IOOO general damages. The defendants denied negligence and alleged that the accident was due to plaintiff's negligence. The jury after a short retirement found that negligence on the part of defendants had been proved, and awarded plaintiff £B4 7s 8d special damages and £IOOO general damages. Mr. Coates moved for judgment. Mr. Mahony asked for leave to move for a new trial on the ground that the verdict was against the weight of evidence, and for Jeave to move for a nonsuit. . His Honor reserved the motion for judgment and granted leave to Mr. Mahony to move for a new trial within ten da'vs. Leave was also reserved to Mr. Mahony to move for a nonsuit within a similar time.