DRAY AND LORRY

Otago Daily Times, Issue 26214, 26 July 1946, Page 8

DRAY AND LORRY

COLLISION AT CLYDEVALE VERDICT FOR THE PLAINTIFF The action brought by James Laing, studmaster, of Clydevale, against South Otago Transport, Ltd., for damages resulting from a collision between a dray driven by the plaintiff and a lorry owned by the company was concluded in the Supreme Court yesterday before Mr Justice Kennedy and a jury of twelve. The plaintiff, Laing, was driving a dray, with two leaders and a shatter, along a public road near Clydevale on July 21, 1944, when it was struck by a lorry, driven by a servant of the company, and Laing had been injured. The plaintiff alleged negligence on the part of the lorry driver (Andrew David Leslie Abernethy) and claimed £SOO 1 8s special damages and £I6OO general damages.

The defence claimed that the collision was caused solely by the negligence of the plaintiff Laing. Mr J. B. Thomson appeared for Laing and Mr E. J. Anderson for the defendant.

John Alexander Barron who was in the cab of the lorry with the driver, Abernethy, said that the lorry was carrying him from Waiwera. Witness said that when he first saw the horses, after the lorry had reached the crest of the hill, they were about two or three lorry lengths away. Witness corroborated Abernethy's evidence that the dray was on the wrong side of the road, and said that Abernethy, in order to avoid a collision, had had to go on his wrong side. He said that he had noticed a very slight impact as the lorry went past the dray. Witness said that when he got off the lorry and came back to the dray he saw Laing coming out from underneath the dray. Witness said that he heard Abernethy tell Laing that he (Laing) was on the wrong side of the road. Mr Anderson said that this closed the evidence for the defence.

Counsel addressed the jury and his Honor summed up.

The jury retired at 10 minutes past 1 and returned at 10 minutes past 3 with a verdict for the plaintiff. The special damages were fixed at £SOO 18s and general damages at £9OO. His Honor, gave judgment for the plaintiff against the defendant for £I4OO 18s with costs according to scale on that amount, witnesses’ expenses and disbursements to be fixed by the registrar.