ACCIDENT TO A CHILD.

Star (Christchurch), Issue 16748, 1 June 1922, Page 8

ACCIDENT TO A CHILD.

SUPREME COURT CASE. A school boy named William Brem Woods, by his grandfather, William Brem, retired tobacconist, New Brighton, in the Supreme Court to-day, sued Davict Rodgers, Christchurch, retired hotelkeeper, for £522 16s damages on account of an .accident in Sea View Road, near Hardy Street, New Brighton. on December 13, 1921. The

statement of claim set out that plaintiff was standing on the road when -a motor-car negligently by defendant or by some person under his control, struck plaintiff, breaking his leg. lacerating him on the knee, and Causing him severe nervous shock. It was alleged that defendant or the person under his control showed reckless and unskilful management and control of the motor-ear. Plaintiff was in the hospital for about nine weeks. The sum of £5Ol was claimed as general damages and £2l 16s as special damon account of hospital and other expenses. The defence vas a. general denial of allegations in the statement of claim.

Mr W. R. Laseelles appeared for plaintiff, and Air O. S. Thomas,'with him Mr R. A. Cuthbert, for defendant Mr Laseelles said that defendant had failed to use the care that would be used by a reasonable, ordinary, prudent man. He allowed a lady to drive the motor. It was immaterial whether, at the time of the accident, it actually was driven by defendant or by the lady; the, responsibility in any case was on defendant. Woods and -another boy were playing marbles on the road. The motor-car came along, following an extravagant corkscrew course, lurching from side to side. It ran into the boys and injured W oods’s mate, but not so seriously as it injured Woods. It continued on its course for quite two chains, until a bystander called on it to stop. The driver did not sound the horn, and obviously did not keep a proper lookout.

Mr Thomas, in reply to his Honor, said+that he took up the position that as there was no question of contributory negligence, plaintiff must prove not only ’negligence on defendant’s part, but also negligence that caused the accident. " William Brew said that the motorcar took the bov to witness’s shop. The ladv in it was very excited, waving her arms about, and telling the others in the oar not to make a fuss. She said that she was a nurse.

Isabella F. Bright said that the boys were sitting on the side of the road, about a foot from the channel, *Vith their backs towards the direction from which the motor-car came. They were playing marbles. Woods had a. marble in his fingers, which were on his knee, as if he was in the act of firing the marble. The motor-car. swerving to the left, went to where the boys were playing. It yave no warning. The bovs were knocked over on their faces. The motor-car passed her as she went towards the boys. She called out: iC Aren’t you going to stop ; you’ve run, over a child P ” The lady in the car said: “ Aren’t we stopping?” The motor-car then had gone quite two chains past the scene of the accident. Witness could not see who had hold of the wheel. Defendant said: “ The boy ran under the car.” V itness replied : “He did nothing of the sort; there are your wheel marks. What made you leave the tramline and come out like that? ” If the motor-car bad gone straight there would have been no accident.

To Mr Thomas : The way the motorcar came off the tramline gave her an opinion that it was going to stop. Woods certainly did not get up and run after a marble just before the accident.

Dr H. T D. Acl and said that Woods’s right thigh-bone was fractured. Tt had united and was in a satisfactory position. The bone was shortened at least half an inch; the right leg always would be. shorter than the left one.

Dr F. L. Scott said that the shortening would be a considerable disadvantage. as, if Woods did not nse a raised heel there would be tilting of the body, and curvature of the spine would result. He might suffer from rheumatism at the fracture. ,

Clarice May Hargreaves, St Alartins, said that the motor-car was not going slow. Muriel Vale. 129. Hawkes Street, TSew Brighton, said that the motor-car was not going slow, nor at an excessive speed. She thought it was not going to stop after the accident, and she took its number.

Plaintiff said that he was eleven years of age. He just had come out of school when the accident happened. He was playing lines with marbles, and was firing the taw when he was knocked down.

Francis George Parsonage, eleven years of age. who was playing with Woods, said that he was stunned by the accident for a few minutes, and then got up and ran home. He did not hear the motor-car approaching. Ho was bruised and cut on the leg and face. Woods went after a marble ho had fired and was stooping to pick it up when the motor car came on them. (Proceeding).