CLAIM FOR DAMAGES

Waikato Times, Volume 108, Issue 18164, 31 October 1930, Page 8

CLAIM FOR DAMAGES

A NON-SUIT GRANTED. (By Telegraph.—Press Association.) PALMERSTON N., Thursday. Unusual circumstances surround the case which is being heard before His Honour Mr. Justice Reed at the Supreme Court, in which Peter Olaf Pedersen, by occupation farmer, of Takapau, is proceeding against Barraud and Abraham Ltd., for the reco\ery of £563. . A non-suit was granted to defendant, whose counsel submitted that Fraser had seen nothing to indicate •that the bus contained children, and the fact that it was pulled up on the side of the road might well have been, taken by him to be a courtesy on the part of the bus-driver to let him pass. Even if Fraser‘had been travelling at a speed of only 10 miles an hour it would have been quite impossible for him to have avoided striking the boy. The accident really was inevitable. “ I am sorry for plaintiff,” said the Judge, “ but I do not think there is any evidence of negligence on the part of the driver of Jdie car. The real cause of the accident was that, the boy stepped out in front of the car, the speed of which does not affect' the case.” *•