PARTIES IN AGREEMENT

Taranaki Daily News, 6 December 1929, Page 11

PARTIES IN AGREEMENT

CLAIM SETTLED FOR £lOOO

DAMAGES FOR FATAL COLLISION.

FAMILY LOSES ITS BREADWINNER

Judgment by consent for £lOOO was entered yesterday by Mr. Justice MacGregor in favour of Ethel ‘ Florence Neighbour, whose husband, Thomas Neighbour, was killed at New Plymouth as a result of a collision with a car driven by Frank Ernest Frost. The original claim was for £2500 damages cn the grounds of negligent driving. Neighbour and his son were on a motor-cycle at the time of the accident, which occurred near the foot of Standish Hill. When the case was called Mr. L. M. Moss (for Mrs. Neighbour) said the.parties to the action had reached an agreement, and he asked that judgment should be entered for £lOOO in full settlement of the claim, including costs. To this Mr. A. A. Bennett agreed on behalf of Frost, and said the money would be paid into court probably within 10 days.

Mr. Moss asked his Honour to give the largest share to the widow, as there was only a temporary dwelling on her property of 131 acres at Westown, and it was necessary for her to provide a larger, permanent house for her growing family of two boys and a- girl. The family came from England some years ago, and were industrious and thrifty. The eldest boy, aged 18, who had a position in town, helped his mother to work the property, on which it had been the father’s intention, had he lived, to erect a permanent dwelling. Evidence confirming these statements was given by E. P. Webster, accountant, lie said it would cost pro’ ably £3OO or £4OO to erect a suitable dwelling of four rooms. • ■ . . . .

After remarking that the usual basis of sharing in such eases was one-third to the widow and two-thirds for division among the children, his Honour said that in view of the special circumstances he would , order the payment of £550 to the widow and £l5O each to the three children, two boys aged 18 and 13 respectively, and a girl aged nine, each share to bear costs pro rata. The Public Trustee will administer the money allotted to the children.