CITY COUNCIL SUED

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

CITY COUNCIL SUED

SEQUEL TO COLLISION CLAIM FOR DAMAGES The outcome of the collision between a City Council bus and a motor-cycle on the corner of the Great Xorth Road and Point Chevalier Road on July 10, 1925, was a case heard in the Supreme Court today before Mr. Justice Smith, when Robert James Paul, labourer, claimed damages amounting to £1,560 from the Auckland City Council. Mr. G. P. Finlay appeared for plaintiff and Mr. Johnson for defendant. According to the .statement of claim it was alleged that the council bus was being driven carelessly, and negligently, and on the wrong side of the road. As a result of the accident plaintiff was confined to the hospital. He had been incapacitated to some

extent since the collision and was likely to be so for a period of about seven months. Retails of the claim were £2lO for loss of wages. £l3O for medical expenses, and £1,500 for general damages. Di\ Macky said that he had attended plaintiff and he was convinced that a man who had received such extensive injuries as plaintiff had done at his years would have trouble in the future with increasing stiffness of the joints and pain. His ability in the future would be much lessened.

Plaintiff said that he was incapacitated for a year and two weeks, and when he was eventually taken back by his old firm he was unable to carry on with his usual work. He had to bear a lot of pain from his leg, but necessity simply drove him to work.

Cross-examined by Mr. Johnson, plaintiff said that he slowed down as he approached the corner. Mr. Johnson: You did not see the bus until you were almost into it? Plaintiff: Excuse me, that is wrong. Plaintiff denied that on being carried into a nearby shop he had said he did not see the bus.

War© Tini, a Maori, a passenger in the bus, said he had not noticed the driver of the bus on that run before. After the accident he saw Mr. Paul carried into a nearby shop and he heard the bus driver say that it "was Paul’s fault, but witness said it was his fault as he was on his wrong side.

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