DAMAGES AWARDED.

Star (Christchurch), Volume LXVI, Issue 20455, 7 November 1934, Page 15

DAMAGES AWARDED.

Jury’s Verdict in Motor Accident Case. Per Presr; Association. WELLINGTON, November 0. Damages amounting to £827 6s were awarded by a jury in tlie Supreme Court to Ivy Dunphy, of Lower Ilutt, who was struck by a motor-car driven by Frank Searle, a gardener, of Taita, at Lower Ilutt on March 23 and was seriously injured. The case first came before the Court in August, when Miss Dunphy claimed £IOOO general and £l7 6s special damages from Searle. but was nonsuited by Mr Justice Blair, who considered that there was no evidence of negligence on the part of the matorist. A subsequent application to the Court of Appeal resulted in Miss Dunphy being granted leave to appeal as a pauper while the non-suit was set aside and a new trial ordered. Negligence on Both Sides. With the claim increased to £2500, this was heard before the Chief Justice Sir Michael Myers on Monday and today. when the jury found that both Searle and Miss Dunphy had been negligent—he by not keeping a proper lookout and not giving warning of his approach and she by the way in which she attempted to cross the road. The jury considered, however, that the real and effective cause of the accident was the negligence of Searle and awarded Miss Dunphy £SOO general and £27 6s special damages.