ACTION FOR DAMAGES

Poverty Bay Herald, Volume LXI, Issue 18547, 6 November 1934, Page 4

ACTION FOR DAMAGES

WOMAN CLAIMS £2527 INJURED BY MOTOR CAR (Per Press Association.) WELLINGTON, last night. la the Supreme Court to-day an action for damages was brought by Miss Ivy Irene Dunphy against Frank Searlo. Miss Dunphy claims £27 6s special damages and £2500 general damages for injuries received as the result of defendant’s motor car running into her on the night of March 23. It was alleged on behalf of plaintiff: (1) That the accident was due to ncgligenco on defendant’s part; (2) that even if Miss Dunphy did not keep a proper look-out, defendant having tho last opportunity of doing so, ought to have avoided running into her. At tho time of tho accident Miss Dunphy was crossing the street to catch a bus on tho other side. It is alleged that when struck by defendant’s car she was about 4ft. from the centre line of tho street, tho traffic part of which is 42ft. 7in. wide. The contention was also advanced that M iss Dunphy should have been within defendant’s vision at a distance of 88ft. Tho statement of defence denies that tho defendant was negligent. It alleged that such injuries as were received by Miss Dunphy were caused by negligence on her part in (a) attempting to cross the road without looking to sec if the road was clear and without observing defendant’s car; and (b) attempting to cross tho road from ihe front of a stationary vehicle which obscured her from defendant’s view. Tho case is proceeding.