DAMAGES AWARDED.

Otago Daily Times, Issue 20432, 12 June 1928, Page 10

DAMAGES AWARDED.

SEQUEL TO MOTOR COLLISION. BOTH PLAINTIFFS LOSE A LEG. (Special to Daily Times.) WELLINGTON, June 11. Percy John Aldridge and Norman Parata were awarded damages totalling £3849 by Mr Justice Sim to-day in a reserved judgment he delivered in the case in which Aldridge and Parata claimed damages against Alber Goodman, horse trainer, of Trentham, in respect of injuries they received when a motor cycle on which they were riding collided with a motor car driven by Goodman. Each plaintiff lost a log. In the course of his judgment his Honor said that he found as a fact that before and after the collision the plaintiffs were on the proper side of the road and were riding at a reasonable speed. His Honor said: “On a consideration of all the evidence the conclusion I have arrived at is this: The defendant was not satisfied to follow in the wake of Hazelwood’s car and made up his mind to pass it. He accordingly accelerated, the speed of his car, and dashed across to the other side of the road without having first taken the trouble to see whether or not there were any vehicles or pedestrians on that side of the road. Before he knew where he was his motor car had collided with Aldridge’s cycle, and the damage was done. ... I find therefore that the collision was caused by the negligence of defendant in crossing to the wrong side of the road wthout first ascertaining whether or not there was any vehicle on that side of the road, and by travelling across the road at an excessive speed. . . . The result is that plaintiffs are entitled to succeed in their actions. They are entitled to recover the special damages they claim, subject to the deduction suggested by Mr O’Leary in respect of the claim for wages lost. The deduction in the case of Aldridge is, say, £2O, and in the case of Parata, say, £45. I assess the damages Aldridge is entitled to recover at £IB9O Cs (id, and the damages Parata is entitled to recover at £1909 2a Bd."