FATAL ACCIDENT

Auckland Star, Volume LXXIII, Issue 126, 30 May 1942, Page 8

FATAL ACCIDENT

WIDOW'S CLAIM FAILS A verdict for defendant was given by the jury in the Supreme Court yesterday at the conclusion of the action, heard before Mr. Justice Callan, in which Mrs. Catherine Gladys Swindle.v. widow, Grey Lynn (Mr. Sullivan) claimed £1521 damages against W. Lovett. Ltd. (Mr. V. Ft. Meredith and Mr. Cleal>. Plaintiff's husband, when crossing Fanshawe Street, was knocked down by a truck owned by the defendant firm, and his death resulted. The widow claimed as a sole dependent of Mr. Swindle.v, alleging that the fatal accident had resulted from negligence on the part of the truck driver.

Mr. Meredith said that in running to catch a tram car Mr. Swindle.v had dashed at speed off the footpath, facing oncoming traffic which included the truck in question. It was clearly a case of contributory negligence, if not entirely the fault of ihe man who was struck by the truck, said counsel.

After having heard the evidence of the ruck driver and a tram conductor, the jury viewed the scene of of the accident, and found for defendant.

Mr. Sullivan was granted an extension of time in which to move for a new trial, failing which judgment will Vie entered for defendant..