OLD MAN’S DEATH

Waikato Times, Volume 119, Issue 19816, 21 February 1936, Page 8

OLD MAN’S DEATH

CLAIM AGAINST MOTORIST WIDOW SEEKS COMPENSATION. ACCIDENT AT TE AWAMUTU. Arising out of an accident In Tf Awamutu in which an elderly man was fatally injured, a claim for £350 damages was brought in ths Supreme Court. Hamilton, to-day, before Mr Justice Callan and a jury. Plaintiffs were Edith Augusta Ward and Gertrude Edith West, widow and step-daughter respectively of the deceased. Charles Ward, and defendant was James Gout is Mitchell, farmer, of Ohaupo. Mr W. J. King appeared for the plaintiffs and Messrs N. S. Johnson and J. F. Strang represented the defendant. The statement of claim set out that defendant was driving into Te Awamutu from Ohaupo ai)d had Just passed the borough boundary when he knocked down Charles Ward, aged 8?. who was wheeling a barrow. The accident occurred about 10.30 a.m. on May 10. 1935. Ward received injuries from which he died on June 1. It was claimed that his death was due to the negligence of defendant and that plaintiffs were partially dependen*, on him. Damages totalling £350 wera claimed. “ Genuinely Puzzled.” Constable J. Forsyth, of Te Awa* mutu. gave details of the marks on the road after the accident. He read a statement, made by the defendant in which the latter said he saw the old man with the barrow when he was three yards away. He applied the brakes but could not avoid hitting him. i The deceased was walking on the tarsealed portion of the bitumen on his correct side. Defendant said he ceived such a shock that he drove a garden on the opposite side of the road. Constable Forsyth, continuing his evidence, said there was no suggestion of liquor about defendant or of excessive speed. He considered defendant. had Ward in his sight for about 100 or 150 yards. He would have been the only moving object on a straight, level road as there was no traffic about. Mitchell was unable to explain why he had not seen the deceased and seemed genuinely puzzled. Witness had heard subsequently that Mitchell was subject to heart attacks and could not disprove it. Corroborative evidence was given by Robert Metcalfe, traffic Inspector employed by the Waipa Countv Council. Evidence concerning the position of the deceased's body on the road after the accident was given by Dr. K. N. Hiskens, of Te Awamutu. Edith Augusta Ward, one of the plaintiffs, testified that deceased was in good health before the accident. >he and her step-daughter were partially dependent on the income of the deceased from the sale of milk, pigs and vegetables and his old-age pension. Suffered Heart AUaok. In opening for the defence, Mr Strang said it would be shown that defendant had a heart attack just before the accident and his condition, for which he was not responsible, was the cause of the accident. It could not be asserted that the deceased was a considerable economic factor so far as his family was concernedIn evidence, defendant said he had been driving for nine years before the accident and had experienced no mishaps. Since the accident he had given up driving. He did not remember seeing deceased until he was almost on him. He had no recollection of seeing anything until then. Dr. Blundell had informed him that he had a defective heart. He often suffered giddy fits before the accident. • To His Honour, witness said he had received his driving license about 10 years ago and had not been through any tests since. His Honour remarked that various complaints came with advancing years and the circumstances of th*e *ca6» opened up a bfg public question. (Proceeding.)