DAMAGES CLAIMED

Timaru Herald, Volume CXXXIX, Issue 20105, 11 May 1935, Page 19

DAMAGES CLAIMED

ACTION IN SUPREME COURT SEQUEL TO ACCIDENT An action was commenced in the Supreme Court yesterday before His Honour Mr Justice Johnston in which Edward Marra, a Christchurch butcher claimed £250 general, and £69/2/8 special damages from John Stephen Bradbury, farm labourer of Totara Valley, as a result of plaintiff allegedly being run over by a motor car in the control of defendant. Mr W. J. Hunter of Christchurch, appeared for plaintiff and Mr F. W. Johnston, of Christchurch, for defendant. The statement of claim was that on November 25, 1934, plaintiff was lying on the lawn at the rear of the Wolseley Hotel, Winchester, when the defendant negligently managed and controlled a car he was driving as to cause it to run over the plaintiff’s body to cause him injury and to suffer loss. It was claimed that the defendant was not keeping a proper look out; he gave no sufficient warning to the plaintiff of his approach; he did not have his car under proper control; when he knew or ought to have known that a collision was probable he did not take reasonable steps to avoid a collision. As a result of the collision caused by the negligence of defendant, plaintiff suffered a fracture of the right leg and severe bruises and abrasions and was unable to follow his occupation as a butcher from November 25, 1934, to March 1, 1935. and had incurred considerable medical and other expenses. He claimed £69/2/8 special damages. £250 general damages and costs of the action.

The statement of defence denied the allegations of negligence and as a further defence claimed that if the plaintiff was run over as alleged (which was denied) the accident was due solely to the negligence of plaintiff. If the defendant was negligent (which was denied) the plaintiff was guilty of contributory negligence in lying down in the position in which he did.

Plaintiff said that on Sunday, November 25. last year a party of friends and he visited Winchester on an excursion train and had lunch at the hotel. After lunch, in company with a friend, he went to a nearby field and watched a cricket match. He afterwards bathed in the river and returned to the hotel grounds and lay on the lawn. At this stage the case was adjourned till 9.45 this morning.