STRUCK BY MOTOR CAR

Otago Daily Times, Issue 23004, 6 October 1936, Page 9

STRUCK BY MOTOR CAR

CLAIM IN CIVIL COURT WOMAN AWARDED DAMAGES In the Magistrate's Court yesterday, before Mr J. R. Bartholomew, S.M., Mabel Gilchrist proceeded against John Lupp, jun., claiming £B7 14s as damages suffered through the defendant's car knocking her down in Princes street on the evening of Friday, May 15. Mr W. Ward appeared for the plaintiff, and Mr A. C. Stephens represented the defendant. The plaintiff stated that she was walking across the street' when knocked over by the car, and gave oarticulars of her injuries. Evidence for the plaintiff was given by Henry Francis Litolff, who said that the car was travelling at a speed of between 30 and 35 miles per hour, and in the middle of the street. The vehicle struck the plaintiff with the front of the rear mudguard, lifting the back of the car off the ground, while the plaintiff was somersaulted into the air and rendered unconscious. The defendant stated that he was travelling up Princes street on full throttle. He was not travelling at more than 17 miles per hour as his car could not take the incline faster than that after starting from a cold engine. He felt a slight bump and pulled up immediately, and after providing a taxi to take the girl home reported the matter to the police. Evidence was called showing that the car could not travel up the incline at more than 17 miles per hour. The magistrate said that the Friday evening traffic conditions should be taken into account, and, although the plaintiff might have missed seeing the defendant, he was apparently travelling at a fair speed and must have just missed the plaintiff with the front of the car.— Judgment was given for the plaintiff for £l7, with costs (£8 9s).