DAMAGES AWARDED

Wairarapa Times-Age, 7 August 1940, Page 7

DAMAGES AWARDED

AGAINST MASTERTON FIRM. SEQUEL TO MOTOR ACCIDENT. (By Telegraph—Press Association.) WELLINGTON, This Day. A jury of 12 in the Supreme Court, Wellingtcn, yesterday awarded Owen Casey, labourer, Wellington £217 18s 6d special damages, and £225 general damages, against Jenkins Motor Services, Ltd., for injuries he received when the service car in which he was a passenger from Wellington to Masterton capsized shortly after leaving Greytown about 5.30 a.m. on the morning of October 21 last. Casey claimed £227 7s 6d special damages and £lOOO general damages. Mr J. A. Scott appeared for plaintiff, and Mr G. G. G. Watson, with him, Mr W. P. Shorland, for defendant company. Mr Watson did not call any evidence for defendant company, but. in his address to the jury, maintained that the company was entitled to the verdict on the ground that plaintiff and the driver of the car had formed a joint party, involving the consumption of alcoholic liquor. The Chief Justice (Sir Michael Myers). in summing up. said that there were several unsatisfactory features about the case. The outstanding one was that the driver of the car. according to the evidence, had taken liquor the night before the trip, and also during the journey to Masterton. Such a person should not be allowed to drive a service car or a pubic vehicle. The jury retired at 12.13 p.m.. and returned at 12.43 p.m.. with a verdict for plaintiff of £217 18s 6d special damages. and £225 general damages. His Honour gave judgment accordingly, with costs according to scale, allowing £8 8s lor the second day of hearing. Witnesses' expenses and disbursements are to be assessed by the registrar.