SUPREME COURT.

Dominion, Volume 7, Issue 2161, 29 May 1914, Page 5

SUPREME COURT.

ACTION FOR £501 DAMAGES MOTOR ACCIDENT. A claim for £501 damages, for injuries, was brought at tiio Supremo Court yesterday by llishael Sweeney against Sidney Kirkcaldio and Elsie Kirkealdie. Tiie case was heifrd before Lis Honour Mr. Justice Hosking and a jury .of twelve. Mr. A. Gray, K.G., with Mr. E. J. I'itzgibbon, appeared for plaintiff, and Mr. E. K. Kirkealdie for tho defendants. _Tho claim arose out of an accident on Karori ltoad on Sunday, February 1, when plaintiff was knocked down by a motor-car. which the defendant was driving. He received certain injuries to his face and body, and it was alleged that after-effects had also sot in, plaintiff ..bcinrr an old man. : Hugo P.' Hanify, civil engineer, produced a plan of the Karori Road in the vicinity of tbc cemetery corner. ' The road, no said, varied.in width, averaging from 28ft.. to 30ft. At the spot where the accident took place there was a space of oft." 3in. between the outer tram rail and the channel on the bank side. Efleot on Nervous Systepi.

• Dr. F. T. Bowerbank said that he examined plaintiff on May 16. There was evidence of recent injuries, and he was nervous and tremulous. His condition was consistent with having been knocked down, and dragged a distance by a motor-car three months before. Taking the man's age into consideration, witness was doubtful if the. effects would ever nass away. To "Mr. Kirkealdie: Plaintiff was suffering from a form of traumatic neurasthenia. It was possible that brooding over the accident might have prolonged the effects, bui.witness would not go so far as to say that there would be an immediate improvement when the litigation was settled. __ At this stago the jury visited Karori, and viewed the scene of the accident. When the Court resumed, Dr. Oaliill said that plaintiff's condition when he examined 'him" suggested a profound affection of the nefvous system. It might have been due to the injury and shock of an accident. He considered that plaintiff's nervous system would never recover. ' • . . Dr. C. Henry, who attended plaintiff after the accident, described the injuries sustained; •' iTo Mr.. Kirkealdie: Witness thought that the nervousness displayed by plain.tiff would disappear when all cause, for remembering'the accident was over. If a man was struck by a motor, going at 12-to 14 miles an lwur, and was dragged a distance of 35ft.. as was suggested in plaintiff's ease, witness .would have expected'more serious injuries than those shown by plaintiff after'-'the accident.

'.'■ Suffered .Great Pain, Plaintiff gave, evidence to the effect that, .on the (lay of the accident he left the Karori Cemetery about 4 p.m., and was "'walking along, the road in tho direction of town when he was struck. He had heard no mptor-horu, and, just prior to the accident, ho had looked round, to see if tho road was clear. He was dragged for some distance. ■Hβ'- had beon in' bed for' about- , - -threes weeks, and he suffered continual pain from his hip to his foot. This pain had continued since the accident. To Mr. Kirkcaldjo: He remembered events.,prior-to the accident;.,..... Ho had allowed the.' down tralincar pass him. After■'he -was.'struck by the.'motor-car he Beard- the machinery going/for soinc' : tim'e. . • ■:.'■. Mr. Gray (to plaintiff)': It has been; sucssested that. the injuries you received were slipht, and that you preferred to -walk to where the doctor attended you?—" Yes." Did anyone offer to carry you?— "Yes: hut I was in such nain. in my hip. that I Tronic! not allow, tho men to lift me. I. shuffled, along with the assistance of two men." Passing P/iotcrman's Evidence. Sidney R. Meccham, motormaii, said that he was driving a Karori tram-on the day of the accident. He noticed, plaintiff on the road, and, just after he passed him, saw a motor-car travelling at from ten to twelve miles an hour. There was a dangerous turning there, and tramcars always went downhill at. a very slow pace,,on ,that account. When the motor appeared, driver seemed to hesitate as to which side to pass tho tram, and then skimmed across in front. Had not witness practically stopped the tram, ho thought- that thero would have been a collision. A little later ho heard a scream, and looked back. .Ho saw that an accident had happened. Witness saw that a lady was driving the motor, and he had formed the impression that she was learning to drive.,

The Defence Opened. Opening for the defence, Mr. Kirk(■altlie said that evidence would be presoiited which would give an , absolutely different feature to the accident, and nno that; he was sure would conviuoo the jury'that every care had been taken to avoid it. The first point which thov denied was negligence. Mrs. Kirkcaldic was- an experienced driver, as she had driven cars for eight or nine years. vSho had taken out a license to drive in London, and had passed an examination on driving in 'Wellington. On the afternoon of the accident sho had. as passengers in her car, her mother and her children,-- and two friends. Under those circumstances it could not he suggested that she- < -as not taking reasonable care. There was tho evidence, also, that plaintiff had bcon on the wrong side of tho road, .iik! had turned his back prior to re-ach-in:,. tho corner. If plnintiff had liern takiiiit proper rare of himself, he would have boon nn tho footpath. Dr E. AV. Gioseu said that ho hd examined plaintiff ou May 9. Tlioro were scars on hi? fare nnd bands, but tlip;f; were soundly healed. Neurasthenia was possible after nnr accident, biit wns not likely to continue. Xeurssthenia. he believed, was unknown ns a pormanont coiu'ition. Ponrlinr; Htieation had an effect nn n pnM<Mit snff<;rinc from nour.isthenip, and his coitditinn would improve when tho '.vorry of I he action was over. The case was not concluded when the Court rose.