CLAIM FOR £2500

Otago Daily Times, Issue 24834, 6 February 1942, Page 3

CLAIM FOR £2500

SUPREME COURT ACTION DEATH OF MOTOR CYCLIST An. action for damages consequent upon the death of a person in a motor accident near Waipahi, on the Main South road, occupied Mr Justice,Kennedy and a jury in the Supreme Court yesterday afternoon. Edna Mildred Dawson, for whom Mr O. G. Stevens and Mr C. H. S Stevens appeared, brought a claim for £2500 general damages and £2B special damages against George Gilmore Bell, a taxi proprietor, of Ranfurly, who was represented by Mr E. J. Anderson, as compensation for the death of her husband. Bertram Ernest Dawson. It was explained that the deceased, Dawson, was a butcher in business in Opoho, and that for some time before his death he was employed at the Mataura Freezing Works. He died on May 18, 1941, as the result of injuries x-eceived on May 11, when the motor cycle he was riding collided with a motor car driven by Bell. It was alleged that the collision was due to the facts that Bell was driving on the incorrect side of the road, that the car was not fitted with properly adjusted brakes, that Bell was driving at an excessive speed, that he failed to keep a proper/lookout, and that he did not exercise proper care and control.

Evidence for the plaintiff was given by Dr D. M. Frengley, of Baldlutha, who said that Dawson died as the result of a fracture of the skull and laceration of the brain; James Ernest Kerr Lambourne, a surveyor, and William Desmond Welsh, a photographer, who produced plans and photographs of the scene of the accident; and Edna Mildred Dawson and John Lawrence Campbell, a butcher employed by the plaintiff, who explained the state of the business and Dawson’s experience of motor-cycling, and his familiarity with the machine he was riding. Onsley Bernard Green, an employee at the Mataura Freezing Works, said that he was riding pillion on Dawson’S machine when they were returning from Dunedin to Mataura on the evening of May 11. Dawson was travelling at about 30 to 35 miles an hour, on his correct side of the road, and with the light showing well. There was a drizzling rain. Witness saw a car coming at them head on at close range, and felt Dawson ease the throttle and apply the brakes. Dawson had Had no liquor, either coming to Dunedin or on the way back. The hearing will be continued this morning.