CLAIM FAILS

Otago Daily Times, Issue 26916, 30 October 1948, Page 9

CLAIM FAILS

COLLISION ON ROXBURGH ROAD

JUDGMENT FOR DEFENDANT

After a retirement of an hour and a-half in the Supreme Court yesterday, the jury returned at 7.45 p.m. with a verdict for the defendant in a case in which William How Waddell, of Clyde (Mr F. W. Guest), claimed from the South Otago Transport Company, Ltd (Mr A. N. Haggitt) £622 for special damages and £3OO general damages. The claim represented the loss of value on a motor car, amounting to £560, loss of earnings, and medical attention needed as the result of a collision with a truck driven by an employee of the defendant company on January 24, 1947. The plaintiff alleged that the accident was caused by negligent driving on the part of the truck driver. Mr Justice Kennedy entered judgment for the defendant, with costs according to the scale as on the amount claimed, with witnesses expenses and disbursements to be fixed by the Registrar. The case was begun on Thursday afternoon. By means of a large scale plan and a model motor car and truck, the collision, which took place at Robson's corner on the Roxburgh-Milton highway was reconstructed by witnesses. Fifteen witnesses were called by the plaintiff and the defendant. For the defence, Mr Haggitt submitted that the accident was caused by the negligence of the driver of the plaintiff’s car. There would have been no accident had it not been for the excessive speed of the plaintiff s vehicle, counsel contended.