WOMAN'S INJURIES

New Zealand Herald, Volume 78, Issue 24049, 21 August 1941, Page 7

WOMAN'S INJURIES

ACCIDENT IN CITY £1340 DAMAGES CLAIMED DEFENCE DENIES NEGLIGENCE A claim for damages resulting from an accident in Shortland Street on May 27, 1910, was brought before Mr. Justice Call an and a jury yesterday. The plaintiff was Mrs. Millicent Graham, widow (Mr. West), who was knocked down by a car driven by Walter Terence Shaw, company representative (Mr. : Munro). Plaintiff claimed £1250 general and £9O 17s special damages, alleging that the accident was due to the defendant Shaw's negligent driving in failing to look where he was driving and take proper precautions. She suffered severe shock and injuries, including, it was alleged, permanent deformity of the right leg. In consequence of these injuries, plaintiff contended, she fell last April and broke four ribs. Defendant denied negligence, and alleged that the plaintiff had herself caused the accident by walking into his car. She had, he contended, emerged from between two parked vehicles without keeping a vigilant lookout. Mr. West said the plaintiff was starting to cross lower Shortland Street toward High Street, and stopped when she saw defendant's car coming up the street. When within a few feet of her the ear suddenly swung in toward her,, and though she stepped back the car scooped her-up with its left mudguard. She had seen the driver gazing round to his right, and he afterward admitted that he was looking for a parking place on the opposite side of the street. Prior to the accident she was an active woman of 65 doing her own housekeeping and gardening, but now she was almost a-physical wreck. Plaintiff in evidence stated that after the accident defendant said to her, "To be candid, I did not see you." It was not true that she walked into the back of Shaw's car. Mr. Munro said the defendant was not about to turn at the time of the accident, hut was going up the street to park on his left-hand side. . Defendant in evidence said that Mrs. Graham hit the rear left-hand mudguard of his car. The evidence of A. G. Thompson taken in London, who said he saw Mrs. Graham walk into the car, was read, to the jury. The hearing will be continued to-day.