INJURED BY TAXI

Sun (Auckland), Volume IV, Issue 977, 21 May 1930, Page 12

INJURED BY TAXI

DAMAGES CLAIM FAILS JUDGMENT FOR DEFENDANT Judgment for defendant was given in the Supreme Court yesterday in a case in which Henry John Crook, a chef, claimed from George Percy Hallam, a taxi-driver. damages amounting to £1,928 4s, arising from being injured by defendant’s motorcar

Plaintiff claimed £428 4s special damages, consisting of hospital expenses £176 4s, and loss of wages £252, and general damages amounting to £1,500. Mr. Hampson appeared for plaintiff and Air. Singer for defendant. Air. Justice Smith was on the bench.

In his statement of claim plaintiff said he was crossing Queen Street shortly after 5 p.m. on July 2, 1929. and was going from the western side. Defendant backed his car in order to get parallel to the footpath, and in doing so, it was alleged, the rear ot the car struck plaintiff, knocking him down.

The wheels passed over plaintiff, and defendant, hearing cries from pedestrians on the footpath, moved his car forward, the wheels again passing over plaintiff’s body. As a result of the accident, plaintiff received a fracture of the thigh, which was followed by a chronic swelling of the leg, and he had' been incapacitated from working again. ’ Plaintiff alleged defendant had been guilty of negligence in moving his car backward without keeping a proper lookout, in failing to sound his horn, and in so mismanaging his car as to drive forward over plaintiff’s body after the accident had occurred.

Mr. Singer said that there, was no eyidence of negligence on defendant’s part. After a short retirement the jury found that there was no negligence on the part of defendant, -or on the part of plaintiff. No finding was returned on the question which of the two parties had the last opportunity of avoiding the accident. Mr. Singer moved for judgment for defendant, which was granted, with costs according to scale.