£675 DAMAGES AWARDED

Poverty Bay Herald, Volume LIX, Issue 17947, 26 November 1932, Page 8

£675 DAMAGES AWARDED

SEQUEL TO ACCIDENT INSURANCE AGENT’S CLAIM * A claim for £199!) damages was heard he I ore Air. .Justice Herduian in the Hamilton Supreme Court on Wednesday, the plaintiff being Arthur Collins, a life insurance agent, of Gisborne, and the defendant, .Joseph Nathaniel Brylmm, engineer, Hamilton. The claim was the outcome of an accident at Ngaruawahia on August 19 last, when plaintiff was knocked down by a inotor-lony. He claimed £149 medical expenses, £6OO loss of income, and £1250 general damages. Air. lturnard appeared for plaintiff and Mr. Strang and Air. AleAlullin for the defendant. Plaintiff gave evidence that lie was 69 years of age. On August 19 lie was driving from Gisborne to Auckland, lie stopped at Ngaruawahia at 0.00 p.m., and was crossing (lie road to the Waipa Hotel, when the defendant’s lorry ap proached from Hamilton and knocked aim down. COLLAPSE IN XEWAIARKET After a rest and a stimulant, continu'd plaintiff, he returned to his car and resumed bis journey to Auckland. When ,io arrived at Newmarket he collapsed and was taken to the Auckland Hospital, it was found that his right foot was injured and Ids right leg was broken. .Plaintiff paid his not income for (bo last three years ranged from £BOO to £IOOO a year, lie wrote up most of the uusiness lie did for his company in September. and because lie was incapacitated during that moult he estimated his loss of income at £6OO.

Cross-examined, plaintiff said that when he first saw the lorry some distance away it was travelling at a slow pace and on its correct side of the road. Edward Rice, laborer, Aroheria, a passenger in plaintiff's car. said that after the car was pulled up at Ngaruawahia, lie and plaintiff started In walk across the road. The lorry was five chains away and witness and plaintiff consider ed it was safe to cross. J hey had not gone far before the lorry got closer and thev started to run.

STRUCK BY WHEEL OF LORRY When 10ft. from the footpath plaintiff turned round and put his hand on the mudguard ot the lorry to throw himself clear. He was then struck by the wheel of the lorry. Plaintiff was taken into the hotel and given brandy.* ' Witness said lie. suggested that a doctor should or called, but plaintiff said lie'would be all right. Plaintiff complained of a pain m liis foot. Witness- said there was nothing to prevent defendant’s lorry mmi maintaining its position u the correct side of the load and passing witness and plaintiff. There was ample room for the lorry to do so.

Medical evidence for the plaintiff was given by I)r. J. ( . Collins, of Gisborne, and for the defendant by Drs. .1. A. Stallworthy, K. 8. Alacky, and G. W Gower.

Air. Strang moved for a nonsuil on the grounds that no negligence on the part of defendant had 1 eon disclosed.

The driver of defendant’s lorry, Wilfred Herbert Bryham. said he saw two men crossing the road. They looked at the lorry and stopped. Witness vas travelling at 15 miles an hour on the .’crrcct side of the road. To give the pedestrians plenty of room lie went to lis right and then stopped. He nulled ip in seven yards. Plaintiff was struck aid knocked' down, hut he got up immeliately and made no complaint. Witness said that had the pedestrians Topped or hurried across the road tl oy would not have been touched. Witness did the only thing ho could ‘ aye done in the circumstances, swerve to lhe right and stop.

STATEMENT BY P \SSENGEH

Archibald Miller, a passenger in Bryham’s lorry, said that when lie first saw the pedestrians they were standing 10 mrds away and the lorry was veering Lo die rigid in front of them. The pedestrians resumed their walk and Biyham ipplied liis brakes. There was a steep amber on the road. The vehicle traveled 18in. after the impact. A railway ganger, Patrick McGrath, who witnessed the accident, said the pedestrians walked part of the way across the road, stopped twice, glanced at the car, and then hurried across the road. The lorry swerved to the right ami struck Collins, Had it kept on its course, there would have been no accident. Alter counsels’ addresses and the sinning up by Mr. Justice JTerdman, the jury retired at 10.45 a.m. on Thursday. Two hours later the jury, after consulting the judge, visited Ngaruawahiti and examined the point, where the accident occurred. After live hours’ deliberation tho jury returned a threefourths majority verdict for plaintiff. His Honor awarded plain*Yff £75 special damages, £2OO general damages and £4CO for loss of earnings, a total if £67 b. Leave was reserved by the defence to move For a new trial or a nonsuit within 14 days.