ALLEGED NEGLIGENCE

Waikato Times, Volume 94, Issue 14773, 12 October 1921, Page 5

ALLEGED NEGLIGENCE

HAMILTON MOTORIST SUED.

£SSO DAMAGES CLAIMED

A claim for damages for negligent driving was heard before Mr Justice 'Stringer, in the Supreme Court, at Hamilton, to-day, in which a Dalmatian named Joe Sumich, farm labourer, of Taupiri, sued Malcolm McGregor, farmer, of Hamilton, for £5Ol general damages and £3Bl special damages, for injuries received as a result of defendant's alleged negligent driving of his motor car. Plaintiff was represented by Mr J. W. Dickson (Auckland) and defendant by Mr E. H. Northcroft. "Plaintiff alleged that on April 24 of this year, by reason of defendant's negligent driving, he (plaintiff) was knocked down and sustained serious injuries, his arm being broken, while he was at present totally useless, his Whole- nervous system having received a severe shock. He was unable to do any work, and would have to undergo an operation to him arm, and even if this were successful, he would be permanently partially disabled. The sum claimed "as special damages was made up of medical expenses, hospital fees, loss of wages, travelling expenses, extra household expenses, and loss on sale of a horse and cow which had to bo sold.

The defence was a general denial of negligence. Mr Dickson said that about 6 o'clock on the evening in question it would be shown that defendant's car was being driven at a furious pace along the main road near Taupiri, with ihe lights dimmed, when defendant knocked plaintiff down and did not trouble to pull up until he reached Ihe hotel at Taupiri, Plaintiff's arm was smashed as a result, and plaintiff was thrown heavily on to a bank at the side of the road. Plaintiff said he had seen McGregor frequently along the Taupiri road in his car, which made a noise like~an aeroplane. On the evening in queltion lie heard a noise behind him similar to that made by McGregor's car, and he stepped further to the left of the road into the water table, as he knew he would have to give him plenty of room. The car shot past him, and as it did so, struck him on the arm and threw him on to Ihe bank. The car was going at a terrible speed. He had seen McGregor going at a "heavy" speed on previous occasions. At the time of the accident a motor cycle passed close behind the car going in (he same direction. Neither McGregor nor the cyclist pulled up.

Cross-examined by Mr Norlhcroft, plaintiff said he had never told anybody that he was crossing the road when he was knocked down. A Hamilton High School boy named Gordon Harry Rogers said he knew McGregor's Essex car from the loud noise it made. On the evening of the accident the car passed his parents' house at Ngaruawahia at a rapid rate on the way to Taupiri. William J. Appleby, contractor, Ngaruawahia. said lie was travelling along the Ngaruawahia-Taupiri road on a inolor cycle on the night in question, when a car passed him going at between 30 and 40 miles an hour. He thought it was McGregor's car. The case is proceeding.