Damages Claim Follows Injuries To Girl

Chronicle (Levin), 17 February 1948, Page 3

Damages Claim Follows Injuries To Girl

Arisiug from ari accident involving a school bus and truck on the Levin- 1 Shannon main highway on Pebruarv li, j 194 7, Peggy F ree, 15-year-old sehoolgirl ; of Shannon, claimed through her father, ! Samuel John Freey damages amounting j to £1538 7s from the Horowhenua | Oounty Council in the Supreme Court at ■ Palmerston Nortli yesterday. Piaintiil' j named as defeudants also L'eslie i Thomas Leger, driver of the county 1 council truck, John Robinson Bibby, j scliool bus contraetor of Shannon, and ' Darcy MacDonald, -driver of the bus. j Samuel John Free, on his own belialf, claimed damages amounting to £111 2s 4d for expenses and loss of time in- : volved in travelling between his home j and tlie Palmerston North liospital. Mr. G. Crossley appeared for the plaintiff, Mr. A. M. Ongley for' the iirst aiid second-naiued defeudants and Mr. A. W. Yortt for the third and fourthnamed defenants. Mr. Justice Cliristie presided. Plaintiff's aileged negligence on the part of the drivers of l>otli vehicles in that they drove at exeessive speea whiie approachiug a narrow bridge, failed to keep a proper lookout or give wuy to other traflic, and drove negiigently causing the vehicles to couie into eontact with each other and that' part of the lorry struck the plaintiff's elbow inflicting injuries that necessitat- ' ed two operations and leaviug liep with a permanent disability of the arm. j The defeudants deuied negligen.ee 011 ; their part and uJleged negligence on.the | part of the child. 1 Mr. J. II. North, niedical superintend- j ent of the Palmerston North hospital, gave details of the injuries suffered by | piaintifT and the treatment received at j the hospital. Two operations hau been j performed on her elbow wliich would be disabled for life. Injuries were : consistent with liaving been caused by a passing vehicle striking it. The principai witness, Peggy Free, stated that slie had been travelling in the schoolbus from Horowhenua to j Shannon on February 11, 1947. Her J arm was resiing 011 the window sill and j as the bus was passing over the bridge slie had felt a bump and the arm was thrown from the sill. Her arm had felt limp and she could not move her elbow. The heuring will oi'cupy two days.