CLAIM FOR £3000

Auckland Star, Volume LXXIII, Issue 123, 27 May 1942, Page 6

CLAIM FOR £3000

INJURY TO BUSHMAN ACCIDENT IN IVfOTOK CAB A claim for £3000 damages in respect of injuries received by a bushman while being driven baek to Auckland from the scene of his work was further heard by Mr. Justice Fair and a jury to-day. Plaintiff, represented by Mr. Finlay and Mr. Wallace, is George Arnold Naysmith, of Newmarket, and the defendants J. K. Welsh, of Epsom, and owner of bush property near Wellsford, together with his bush foreman, Robert Thos. Belk.

Naysmith was in November, 1940, engaged by Welsh to cut timber on his property at Te Arai. Later, when tne arrangement had been terminated, plaintiff and his wife were being driven back to Auckland by Belk In Belk's car, when the car overturned and Naysmith is alleged to have sustained the injuries now claimed for.

In evidence Robert Belk (Mr. Towle) claimed that it had been at the instructions of his employer, Welsh, that he had undertaken to drive Naysmith to Auckland, and that he did so in working hours covered by his weekly wage. The accident occurred when a tyre blew out and the car ran up a bank and overturned. He fitted the spare wheel and the party proceeded. Near Henderson plaintiff and his wife transferred to a city-bound bus.

A complete denial of the statement that he had instructed Belk to drive defendant back to Auckland was given in evidence by Welsh (Mr. Fleming). Following a disagreement between himself and Naysmith concerning the manner in which Naysmith and his mate were doing their job, Naysmith had thrown the job in. Witness denied Belk's statement that Belk was making the journey at witness' orders.

Corroborate evidence was given by the father of the previous witness, Michael Patrick Welsh. An adjournment was then granted to enable the jury, at its own request, to visit the scene of the car accident.