SEQUEL TO COLLISION

Otago Witness, Issue 3403, 4 June 1919, Page 40

SEQUEL TO COLLISION

CLAIM FOR DAMAGES. His Honor Mr Justice Sim gave judgment on Friday morning in the case brought by May Holt against the City Corporation and the Now Zealand Express Company. In the course of his judgment his Honor said: On October 8, 1918, about 11 o'clock in the forenoon, the plaintiff was travelling up High street in a city tramcar. At the junction of High street and Cumberland street the tramcar came into collision with an express belonging to the New Zealand Express Company, which was crossing the tramway at that point. As a result of the collision the plaintiff was thrown from her seat in the car, her right arkle was badly sprained, and there was a rupture of some of the ligaments of her right foot. She alleges that the collision was caused by negligence on the part of the motorman in charge of the tramcar and by negligence on the part of the driver of the express, and she claims damages from both defendants. His Honor reviewed and analysed the evidence given, and in conclusion said.: I think that the plaintiff has established a case of joint negligence on the part of the express driver and the motorman, and the case is thus brought within the rule as stated in Salmond on Torts in the following passage:—"lf a cab hired by the plaintiff comes into collision with another vehicle by the negligence of both drivers, and the plaintiff is hurt, he can recover damages not only from his own driver, but also from the other." In view of the medical evidence as to tho nature and extent of the injuries, the claim made by the plaintiff is not excessive, and I give judgment against both defendants for the amount claimed—viz., £lll 4s,—with costs according to scale, and disbursements and witnesses' expenses to be fixed by tho registrar.