CIVIL SITTINGS. Tuesday, August 11.

Otago Witness, Issue 2840, 19 August 1908, Page 34

CIVIL SITTINGS. Tuesday, August 11.

(Before His Honor Mr Justice Williams

and a jury of four.) ACTION FOE DAMAGES.

Thomas Morris., retired saddler, of Dunedin, sued John Wardell, tea merchant, of Dunedin, in respect of injuries received in a motor oar collision.

The statement of claim 6et out that on February 29 last plaintiff was walking across George street, when defendant negligently ran into and struck him with his motor ear, which he was then driving along tho street. Plaintiff was thereby severely bruised and shaken, and his arm and back weTe injured, and he had since suffered severely from shock. He had incurred an expense of £12 12s for doctors' and other fees and- claimed £200 damages. The statement of defence filed was an admission that defendant was driving- his motor oar along George street on the date mentioned, but a complete denial that he had -negligently driven the car, or that the collision was due to his negligence or want of care. Defendant denied that plaintiff wa6 severely bruised or shaken, or that his arm and back were injured, or that he (plaintiff) had suffered seriously from shock or had incurred an expense of £12 12s for attendance.

Mr William C. MacGregor appeared for plaintiff, and Mr Alex. S. Adams for defendant.

Evidence was given by Dr Baraetl-, George Hogg. plaintiff, J." C. Durie, Neil Sutherland. Dr Marshall Macdonald and William Dall.

For the defence evidence was given by W. J. Pearson (motor man), G. B. Oullen (conductor), John Wardell, Alexander KyJo and Georgina Wardell. ' The jury retired at 5.30. and returned at o o'clock with a verdict for defendant; costs as per scale; disbursements and witnesses' expenses to be fixed by the registrar