WOMAN CLAIMS DAMAGES

Sun (Auckland), Volume II, Issue 417, 27 July 1928, Page 12

WOMAN CLAIMS DAMAGES

INJURED IN COLLISION ACTION AGAINST BUS AND LORRY-OWNERS (From Our Oion Correspondent.) HAMILTON, Thursday. The case in which Lettice Fenton, married woman, of Frankton, is claiming £SOO general and £SO 8s 11 d special, damages from Buses, Limited, and Ronald Noel Brown, carrier, Dannevirke, was continued in the Supreme Court, before Mr. Justice Blair, to-day. Plaintiff alleged that the accident occurred on October 15, 1927. The bus in which plaintiff was travelling collided with a lorry driven by Brown in London Street, and plaintiff sustained a large wound on the cheek and other injuries, resulting in complete disorganisation of her nervous system. Beamish, driver of the bus, was alleged to have driven the bus at an excessive speed, failing to keep a proper look-out, that he gave insufficient warning of the approach of the bus, and that he failed to apply the brakes or to stop in sufficient time to avoid colliding with Brown’s lorry. The defence is a general denial of negligence. Mr. W. Gray represents plaintiff, Air. W. J. King Buses Ltd., and J. F. Strang Brown.

Evidence was given by plaintiff that the bus proceeded up London Street at a speed which caused her to he thrown against her daughter, who was in the next seat. When nearing the Victoria Street intersection plaintiff noticed Brown’s lorry approach. The collision then and plaintiff became unconscious for several days. She had been under medical treatment ever since. Plaintiff said her face was permanently scarred, her sight was impaired and her health was generally low. She had had to abandon a project to take over a boarding-house, and had had to keep her daughter at home. SPEED OF BUS Airs. Violet Thompson, Frankton. said the bus was travelling at a fast speed at the time of the accident. Ralph Stewart, motor-truck driver, said he was on Brown’s lorry at the time of the accident. The lorry was turning at a slow speed into a right-of-way in London Street when the bus approached at 30 miles an hour. . A factory employee, H. Monteith, of Ngaruawahia, said he was on Brown's lorry. Brown gave the proper signal that he was about to turn into the right-of-way, and drove the vehicle with every care. Constable Sutton gave evidence to show that the bus was travelling at a high rate of speed. Aledical evidence as to the nature of Airs. Fenton’s injuries and the present state of her health was given by Dr. Spencer and Dr. Fraser. This concluded plaintiff’s case, and proceedings were adjourned until tomorrow.