A STREET COLLISION.

Otago Witness, Issue 3102, 27 August 1913, Page 7

A STREET COLLISION.

ACTION FOR DAMAGES. The Supreme (.'curt action in which George Mearns. commercial traveller, suedthe Taicri and Peninsula Milk Supply Company for the recovery of damages in respect of injuries alleged to have been sustained by him in consequence of having been run over by a milk cart belonging to defendants, was resumed on Thursday morning before his Honor Mr Williams and a jury of 12. Mr Adams appeared for plaintiff and Mr Stephens for defendant. jPercival G. Dyer said he did not see the accident. Crawford was looking out of witness’s door at the moment of the accident, but ho could not say where O'Driscoll was. —Robert Crawford was recalled to speak as to where O’Driecoll was at the moment of the accident.

Mr Stephens then addressed the jury, contending that the evidence did not show that the boy had not control over his horse. There was no point as to tiro boy's age. us the by-laws provided for a horse and cart being driven by a boy over 14- years of ago. The natural thing for the boy to expect under the circumstances was that the bicycle would conic to a stop. The witnesses who could have established negligence on the part of the boy were Mtarns and Crawford, and they had said nothing to prove negligence. The accident was due to Mcarr.s’s want of care, and the hoy hail u right to expect that a signal would be given bv the motor;:-1 of his intention to stop. The by-laws required that a signal should bo given. Counsel then addressed himself to the question of damages. Mr Adams said the point of the oihe; side was that Mearns maintained his speed up to a certain point, and then stopped dead, but if that was true the cart must have been falling to the rear while Mearns went forward on his bicycle. In sp'to of the fact that the motor bicycle was running at a considerable speed, the cart had continued on and overran it. The fact of plaintiff going slow should have been a sufficient indication to anyone that he was about to stop, and his being close to the footpath was another indication of such an intention.

His Honor having summed up, the jury, a few minutes before 1 o’clock, retired to consider its verdict, and returned about 20 minutes past 1 with a verdict for plaintiff, assessing the damages at £230. Judgment was entered up for this amount, with costs as per scale; £5 5s for second day; disbursements and witnesses’ expenses to bo fixed by the registrar.