DAMAGES FOR INJURY

New Zealand Times, Volume XLIX, Issue 11195, 28 April 1922, Page 6

DAMAGES FOR INJURY

KNOCKED JDQ.WN. BY, LORRY. CORPORATION EMPLOYEE’S CLAIM. The action consequent to an accident in Post Office square on February 4th, 1921, when Gobbe, an employee of the City Council, was knocked down, by,a lorry of Curtis and Co., was decided'by :_Mr W. G. Riddell, S.M., yesterday. The plaintiff was awarded £99 13s 6d damages, and court costa £l4 15s. According to medical evidence, said His Worship, the plaintiff had been unable to take np work on the day following the accident, and had been invalided until May 3rd. The defendant did not deny that plaintiff had been knocked down by a lorry, bnt contended that the lorry in question did not belong, to him. On February 10th the defendant had been notified that Gobbe had been injured by lorry No. 403, and that the company would he held responsible. The driver of lorry No. 403 was interrogated and denied that he caused the accident. An action was commenced in October last, and the plaintiff was nonsuited. The defendant complained of the delay in bringing the action, which had prejudiced his defence, and His Worship stated that, he considered a letter of the plantiff on February 10th sufficient notice. One witness for the plaintiff had taken the number of the lorry as well as seeing defendant’s name on it. Three other witnesses sa ; d that the lorry belonged to the defendant, though! none of them could identify the driver. Evidence was given that the driver was a tall, fair man with a moustache and it was admitted that defendnt had a servant answering to this description, who was driving a lorry on the day of the accident.

The onus was upon the defendant to show that either the lorry was not bis or that the driver had not been one of his servants. Defendant produced the regular driver of the lorry, who stated that he was not responsible for the accident, but who did not answer to the description of the witnesses. The magistrate considered that the onus had not been discharged. The damages claimed amounted to £l6l I9s 6d, for £IOO damages, £56 3s loss of wages, and expenses £ll 12a. Plaintiff admitted receiving half-wages, and that his actual los3 was £2B Is 6d, and His Worship entered judgment for plaintiff as above stated. At the hearing the city solicitor (Mr J. O’Shea) appeared for the plaintiff and Mr C. A. L. Treadwell for the defendant