CLAIM SUCCEEDS

Timaru Herald, Volume CXLVII, Issue 21529, 16 December 1939, Page 16

CLAIM SUCCEEDS

Pedestrian Run Down

By

Motorist

Damages Allowed General damages amounting to £lOO and special damages for £36 17 - were claimed by Louisa Elizabeth Martin, a married women, of Christchurch, in an action against the Mutual Rental Cars Ltd., carrying on business as car-hirers in Timaru. at a special ■ sitting of the Timaru Magistrate’s Court yesterday before Mr H Morgan. S.M. Mr W. H. Walton appeared for the plaintiff and Mr W. D. Campbel] for the defendant. In the statement of claim plaintiff alleged that on December 16. 1938. while she was crossing the intersection of Brunswick Street, she was struck by a car owned by the defendant comi pany and driven by an agent or ser- : vant. Gorden McMorran. and dragged some distance in a westerly direction in Church Street: that the collision ! was due to negligence on the part of j the agent of the defendant in driving at an excessive speed, failing to keep a proper Icok-out and failing to keep the car under proper control: that as i a result of the collision she had suffered injuries necessitating hospital treatment; her clothes had been torn and her upper dentures broken. Mr Campbell admitted negligence on : the part of the defendant company’s agent, but alleged that the plaintiff had been guilty of contributory negli- • gence in failing to keep a proper 1 Icok-out for her own welfare, and quoted legal authorities to establish the degree of care which pedestrians I should exercise in respect to road traffic. The Magistrate said that it was not a case where a pedestrian had ’ stepped off the footpath to make a ; cressing in utter disregard of oncoming traffic. The evidence showed that the plaintiff had looked to the right and to the left and found no traffic coming from either direction. When some distance across she noticed lights of a car approaching from the direction of the town, but did not disrei gard them, as she considered she had ample time to make the crossing and had got to within eight and a half feet of the pavement when she was struck. Tiic driver had his headlights on. but he did not see the pedestrian at all. His negligence had been properly admitted, but he did not consider that the plaintiff had been guilty of contributory negligence. At most, she had made an error of jugdment. Judgment was entered for plaintiff with special damages of £3o'l2’-, general damages of £5O. and costs £8 2 9.