DAMAGES AWARDED INFANT

Southland Times, Issue 24273, 2 November 1940, Page 14

DAMAGES AWARDED INFANT

VICTIM OF ACCIDENT RECEIVES £2500 After a retirement of less than an hour and a-half the jury in the Supreme Court yesterday returned a verdict awarding William John McCauley, shepherd, of Lumsden, damages amounting to £2532/16/6 on behalf of his infant son, Peter McCauley, for injuries suffered in a motor collision on a one-way bridge near Winton on May 16, 1939. The defendant was Joseph George Edward Gorton, contractor, of Gorge Road. Robert Wilson and Robert Henry Wilson, farmers, of Lumsden, were joined as third parties. The responsibility of the third parties to share in the damages was argued before his Honour, Mr Justice Kennedy alone, after the jury had retired. His Honour reserved his decision. Mr G. C. Cruickshank appeared for the plaintiff, Mr B. W. Hewat for the defendant and Mr T. V. Mahoney for the third parties. When the Court resumed yesterday morning, Mr Cruickshank addressed the jury after which his Honour summed up. The jury retired at 11.15 o’clock and returned at 12.40. The foreman announced that the jury had found that the defendant’s driver was negligent in accelerating after slowing down and pulling to the left of the road, therefore giving the car in which plaintiff was riding the right of way. The jury awarded £2500 general damages and £32/16/6 special damages.

The claim was for £5OOO general damages and special damages. Counsel for the defendant and the third parties argued the question of responsibility for the accident before his Honour, who reserved his decision.