DAMAGES CLAIM

Southland Times, Issue 20941, 26 November 1929, Page 7

DAMAGES CLAIM

SEQUEL TO COLLISION. VERDICT FOR DEFENDANT. (Per United Press Association.) Wellington, November 25. A claim was before the Supreme Court in which £552 15/- damages was sought from Maud Louisa Wilton, a milk vendor, of Lower Hutt, by the guardian of Louis Shardlow, an apprentice, who collided with an unlighted lorry on the night of December 4, 1928, while riding a bicycle and had his skull fractured. According to Dr Lynch, in his evidence, a piece of hone was removed soon after the injured lad’s admission to hospital. It was impossible to say what the effect of the accident would be.

Denying negligence, the defence says the lorry was unlighted owing to a failure in the lighting and ignition system. Contributory negligence is alleged in the pace at which the lad was riding, in not keeping a- proper lookout and having no light on his bicycle. The lorry was drawn aside and was standing partly on the grass. * During the proceedings his Honour, the Chief Justice, remarked that it seemed to him the true ground of action was not negligence but nuisance. After hearing further evidence, his Honour, Mr Justice Myers, held there was no liability on defendant since, in his view, Wilton was not doing anything in connection with defendant’s business at the time of the accident. Judgment was entered for defendant with costs.