CLAIM FOR DAMAGES

Otago Daily Times, Issue 21994, 1 July 1933, Page 19

CLAIM FOR DAMAGES

n LAMBS KILLED LORRY RUNS INTO FLOCK. An action, for the recovery of £ls Os 8d was brought by the New Zealand Refrigerating Company, Ltd., in the Magistrate’s Court yesterday against James Mulhane Matheson, a transport service ment of claim that as the result of a lorry belonging to the defendant being driven negligently and at an excessive speed it ran into a flock of lambs at East Taieri on January 10 last, 18 being killed, three being condemned later at the freezing works, and seven rejected. The plaintiff sought to recover the value of the Jambs. Mr F. C. Dawson appeared for the plaintiff and Mr T. O’Shea for the defendant. James Robert Steven stated that he was the drover in charge of the sheep. He set out at 4.45 in the morning with a flock of between 300 and 350 lambs, and the accident occurred at 5.5. lie described bow thg lorry struck the sheep and stated that the driver afterwards said that he did not see witness until he 'was on him. Witness estimated the speed of the lorry at 40 miles an hour. Other evidence was mainly directed to the time at which the accident occurred. For the defence it was claimed that the accident occurred at 4.20 and not 5.5 a.m. Since sunrise was at 5.1 it was alleged that the drover Steven had broken the law in driving sheep more than half an hour before sunrise. It was also claimed that the manner in _ which the sheep were driven had been in part responsible for the accident and that it was impossible for the truck to travel at 40 miles an hour. Evidence was given by the defendant, by William Bowie, who said_ that the lorry loft the Daily Times Office at 3.40 a.m., and by James Marshall Matheson, the driver of the lorry, and other witnesses. —His Worship found that the defendant had time to take steps to meet (he situation, and as he did not do so he was guilty of negligence. Judgment was given for the plaintiff for the amount claimed and costs (£3 7a).