CLAIM SUCCEEDS

Wanganui Chronicle, Volume 79, Issue 122, 25 May 1936, Page 6

CLAIM SUCCEEDS

£llOO DAMAGES AWARDED SUPRIiyIE COURT ACTION RAETIHI MOTOR ACCIDENT I General damages amounting to £l.lOO and .special damages of £BB 13s were awaraed by the jury in the .Supreme Court on .Saturday in the case in which Gretchen Wright (through her guardian Parris Ashton Wright) claimed £2suo general damages and £BB 13s from .Reginald Anderson (driver of the car) and Patrick Mouat (owner) as compensation for injuries received by her in an accident in Ractihi on October 3 last. The hearing was commenced on Friday and the whole of Saturday was taken up in the hearing- of evidence. The jury retired at 6.40 p.m. to consider its vercdict. HL Mazengarb, of Wellington, and Mr. It. S. Withers, of Wanganui, appeared for plaintiff. Defendants were represented by Mr. A. D. Brodie. Judgment was entered for the infant plaintiq for £ll9O and lor her lather in the sum of £BB 13s. Leave was reserved to defendant to apply within 14 days to set aside judgment and to enter judgment lor defendant alternatively for a nonsuit or a new trial. The jury found that defendant was negligent in that his speed was excessive in view of the close proximity of parked cars and that plainttiff was partially negligent in the manner i» which she left the footpath. The cause of the accident was defendant’s negligence. Gwendoline Wright, mother of the injured child, sai.d that Anderson’s car was not travelling at less than 20 miles an hour. After the accident he said to witness in answer to a question, “I did it. I nearly killed her.” At the hospital the doctor had asked her who knocked the child down and Anderson, who might have been standing •close by, said “I did.” Later, Anderson had said to her, “I didn’t see the child. I didn’t see the child until 1 saw the red hat. It was my fault. I mu?t have hit her with the front mudguard, but I didn’t see her. I nearlv killed her.” Anderson said that they had better see the police and had also said. “I didn’t see the child. I swerved to avoid another car.” .She was impressed bv this remark because she had not seen another car in the street. Anderson came close to her and she noticed that his breath smelt strongly of liquor. Cross-examined, witness .-aid she just saw defendant’s car go past. She did not hear the accident. Defendant, Anderson, was very distressed, and said repeatedly that the accident was his fault. This concluded plaintiff’s case. Mr Brodio moved for a non-suit on the grounds that there was no evidence of how the accident happened. The only evidence was that of two girls, which was so conflicting so as to be unreliable. Mr Mazengarb referred to the admission of Anderson that the accident was his fault and that he had knocked her down with the front mudguard. Il is Honour contended that the case would have, to go to the jury. Mr Brodie said that the statement of claim set out five, forms of negligence. The defendants admitted that Ajnderson was driving the car when the girl collided with it when running across the road. The first defence was a denial of negligence. What chance had h driver of avoiding an f.ccident if a child ran out from between parked ears? If he used reasonable care then, he could not ho responsible for thi accident. Defendant would deny making the admissions that had been mentioned bv some of the witnesses, and two men who were standing on the roadway behind the parked cars would give evidence regarding the accident Edward Charles Davis, traffic inspector, of Ractihi. said ho, was called to the scene of the accident. From his observations and measurements he had prepared a plan of the locality, a conv of which was produced. The brake marks of Anderson’s <car covered a distance of 34 feet. He tested the brakes of the ear and found that thev complied with the requirements of the regulations. Ho spoke to Anderson, who showed no signs of having had liquor. Defendant's Evidence Reginald Anderson, farmer, one of the defendants, said he hal been driving for 23 years. On the afternoon of the accident he was driving a car belonging to the other defendant, Patrick Mouat. The car had no hood, but was in good mechanical condition. He was driving along Se-ddon Street on his correct side of the road. He was looking for a pla'ce to park. When he was opposite Community Store.; he heard the noise of a slight bump at the rear of the car behind the driver 's sent. On looking back he saw a little red hat and realised then that someone had run into the, car He applied his footbrake “quietly” and pulle-d up. lie walked back to where a little girl was lying on the road. He did not ice the girl until he went back to pick her up and no mark of impact was shewn on the car. There was no truth m the evidence given bv other witnesses that he had said that he was responsible for the. accident. | Cross-examined, witness agreed that 15 miles an hour or faster would have been too great a speed to pass the parked cars on the afternoon of the accident. There was a lerrv in the street ahead of him and he might have pulled in a l‘t fl e closer to the parked cars. It wp. ■ his usual practice to drive along Bidden Street ''bout three or four feet from the centre line of the road. He could recollect having told Mrs Wright that he swerved to nvobl another '-ar and denied that he had told her Hint the accident was his fault. He hod hnd three rums ot the club earlv in the afternoon and this he had admitted to the police. Re-examined, witness said hp was not . affe'-ted bv the rums rt th" t’me of the accident. Tie had had them be- ' tween 2 n Tn . and 330 p.m. Alfred Warren, farmer, of Rae/ihj, • sa : d he was a witness of the accident . and was in the company of p man . nTmed Hossaclc. He saw Anderson • drive nast him in Mouat’s car. Hp saw L o. little g : rl run out into the street > from the footbath between two parked [ motor-c n rs. The girl, wh j was ]ook- [ ing back nvpr her shoulder, enrne in*o . contact with the running board of the ; oar. Her knees struck the running j board and she fell forward, her head , the back rnudqniard. If the ' driw’r waa looking straight ahead at the time of the impact, she would not