DAMAGES AWARDED

Southland Times, Issue 22159, 30 October 1933, Page 4

DAMAGES AWARDED

MOTOR COLLISION CASE. Reserved judgment was delivered in the Gore Magistrate’s Court by Mr H. J. Dixon, S.M., in the case heard a fortnight ago in whirti Aubrey Douglas Lee, miner of Waikaia (Mr E. C. Smith) claimed damages from Henry W. Stewart, of Outram, garage proprietor (Mr W. P. Hartstonge) as a result of a collision between a motor cycle ridden by plaintiff and a motor car driven by defendant. Plaintiff claimed £95 13/- special damages and £lOO general damages. The defendant counter-claimed £4 10/-. . In delivering judgment the Magistrate stated: After hearing the evidence I find that the accident took place substantially as stated by the plaintiff. I hold that the defendant was driving negligently in failing to give way to the plaintiff, and this was the cause of the accident. I allow as special damages cost of repairs £l3 7/6, car and bus hires £5 19/6, hospital expenses £6 8/6, loss of wages £69 15/-. There was some question about an allowance from a friendly society’s lodge received by the plaintiff. It seems to me that this is m the same position as an insurance and should not be deducted from the damages. The medical evidence was to the effect that the plaintiff had a permanent injury to his wrist and an injury to his back which may not be permanent. He was in and out of the hospital for a while and off work for about four months. I allow general damages at £5O. Judgment will be for plaintiff for £145 10/6, with court costs £3 9/-, solicitor’s fee £8 5/- and witnesses’ expenses £6 1/-. Judgment will be for Lee, on the counter-claim with solicitors fee £1 1/-. Security of appeal is fixed at £l5 15/- and the amount of the judgment and costs.