A FATAL COLLISION

Otago Daily Times, Issue 23517, 3 June 1938, Page 8

A FATAL COLLISION

NEGLIGENCE PROVED SUCCESSFUL CLAIM FOR DAMAGES (Per United Press Association) WELLINGTON, June 2. Damages amounting to £lOl9 3s 6d were awarded by the jury in the Supreme Court, Wellington, to-day in the case brought by Charles Thomas Holden, a labourer, against Kenneth Daniel Melvin, an engineer The action arose from the death of Holden, jun., from injuries received in a collision between a motor cycle he was riding and a van driven by the defendant at the junction of Hataitai and Waitoa roads and Moxham avenue on the night of August 18 of last year Each side alleged negligence against the other, and denied being negligent itself. The plaintiff claimed £SOOO for pain and suffering and the shortened expectation of the life of his son, £l9 3s 6d hospital and funeral expenses, and £SOO for the loss of the financial assistance he would have received from his son had the latter lived. After a retirement of two hours, during which they visited the scene of the accident, the jury returned with a verdict for the plaintiff. They found the defendant guilty of negligence materially contributing to the accident in that he failed to keep a proper look out and cut the corner in an unsafe manner In answer to a further question, whether the plaintiff was guilty of any negligence materially contributing to the accident, they replied in the negative. The award was made up of £SOO for the loss of the expectation of life, £SO for the father and £ 450 for the mother, and the full amount of the special damages claimed.