DAMAGES BY CONSENT

Otago Daily Times, Issue 24698, 29 August 1941, Page 8

DAMAGES BY CONSENT

' PASSENGERS IN CAR CLAIM AGAINST DRIVER’S ESTATE (P.A.) CHRISTCHURCH, Aug. 28. Judgment by consent for £2487 was entered against Catherine Brooks, widow, as executrix in the estate or Neil Samuel Brooks, publican, of Christchurch, by Mr Justice Northcroft to-day, when a compromise agreement on three separate claims for damages arising out of a motor accident was approved. The case, which was heard in chambers, was one in which Patricia Edith Femmell and Doris Blanche Femmell. through their guardian, Percy William Femmell, linotype operator, and Patrick Noonan, of Blenheim, aircraftman, sued Catherine Brooks for damages totalling £3199 11s. The action arose out of a motor accident in 'Papanui road in which Neil Samuel Brooks, driver of a motor car in which the plaintiffs were riding, was killed. The individual claims were £2627 '7s for the plaintiff Patricia Edith Femmell. £B2 2s for the plaintiff Doris Blanche Femmell and £4QI 2s for the plaintiff Patrick Noonan. All the claims involved general and special damages, hospital and medical expenses, and loss of wages exc'jyt that Noonan did not claim hospital expenses. The plaintiffs alleged that aftet Brooks’s car had crossed the intersection of Chapter street and Papanui road Brooks so negligently drove and managed his car that he collided with a tram which was proceeding along Papanui road in the opposite direction to the motor car. It was claimed that as a result of the collision the plaintiffs suffered severe bodily injuries. The suggested compromise was approved by his Honor, and judgment was entered by consent for the amounts agreed on—namely. £1876 7s in the claim of Patricia Edith Femmell £B2 2s in the claim of Doris Femmell, and £491 2s in the claim of Patrick Noonan. '