STREET ACCIDENT

Wanganui Chronicle, Volume 77, Issue 263, 6 November 1934, Page 6

STREET ACCIDENT

ACTION AGAINST MOTORIST HEAVY- DAMAGES CLAIMED. [ Per Press Association. ) WELLINGTON, Nov. 5. In the Supreme Court to-day an action for damages was brought by Miss Ivy Irene Dunphy against Frank Searle. Miss Dunphy claims £27 6s special damages and £2500 geneial damages, for injuries received as a. result of defendant’s motor-car running into her on the night of March 23. It was alleged on behalf ot plain:iff firstly, that, the accident was due to negligeii'ce on defendant’s part; secondly, even if Miss Dunphy did not keep a proper look-out defendant, having the last opportunity of doing so, ought to have avoided running into her. At the time of the accident. Miss Dunphy was crossing a street to catch a bus on the other side. It was alleged that when struck by defendant’s car, she was about four feet from the centre line of the street, the traffic part of which was 42ft. 7in. wide. The contention was also advanced that; Miss Dunphy should have been within defendant’s vision at a distance of 88 feet. The statement of defence denied i that defendant, was negligent. It was alleged that such injuries as were received by Miss Dunphy were caused by negligence on her part in (a): Attempting to cross the road without looking to see if the road were clear, and without observing defendant’s car and (b), in attempting to cross the road from in front of a stationary vehicle, which obscured her from defendant’s view. SEQUEL TO ACCIDENT YOUNG WOMAN'S CLAIM JI’KY AWARDS DAMAGES ( J’er Press Association ). AUCKLAND, Nov. 5. A claim for £3OOO damages was made in. the Supreme Court to-day by Marjorie Shakleton, 22-year-old machinist, against David Robert John Ellis labourer. Plaintiff was cycling on the Great. North Road o-n February .17, when she was knocked down by a car driven by Ellis. She alleged permanent partial incapacitation as the result of her injuries. The jury awarded £1750 general damages and £267 special damages.