SUPREME COURT

Dominion, Volume 10, Issue 2929, 15 November 1916, Page 15

SUPREME COURT

CIVIL SITTINGS

ACCLAIM FOR DAMAGES Mr. Justice Edwards presided at tho Supreme Court yesterday, and heard the case brought by LAlfred Ernest Cocker, a tram conductor, against Mrs. N. Nightingale, garage ■proprietress, a claini for £698 damages for alleged injuries received. Mr. J.' O'Shea, City 'Solicitor, appeared for plaintiff, and Mr. T. M. Wilford for the defendant.

The case was heard before a common jury of twelve, of which Mr. Frank George Reid was foreman. '

Mr. J. O'Shea, in opening the caso for the plaintiff, stated that the case was an ordinary one of a person being knocked down by. a motor-car, and injured. On February 28 last, a few minutes after 9 a.m., the plaintiff Cocker waa run over by a motor-car belonging to defendant, the accident taking place neai the Government Buildings, Cocker was a conductor in the employ of the City partment, and on the morning in. question, in the course of his duty, left his car opposite tho Government Build,ings, to record his time on automatic clock. After doing this, ho iooked up and down to see that there was no danger, and when about 10 feet away from his tram, he saw a motor-car coming towards him. The car bumped into him, and him along about 25 yards. Cocker was injured and laid up for eight months, and was still suffering. The motor-car wss driven by a man named Marshall, who was in the employ of Mrs. Nightingale, the defendant. It seems that Marshall had taken a passenger down to the Manawatu Railway Station, and while there somebody removed Marshall's overcoat from the motor-car and" put it on the train. Marshall did not disctoiver bin loss until on retunving to tho stand, and immediately started for tho station. Tho speed of the motor-car must have been high, maintained Mr. O'Shea, from the fact that the Napier express left at 9.10 a.m. and Marshall was passing the Government Buildings at 9.5 a.m.

Dr. P. F. M'Evedy, who attended Cocker, described the injuries rccc-ivcd by him, and his present condition. Cocker was suffering from neurasthenia as the. result of shock.

Dr. ,T. H. Komp said he .had boon Cocker's medical attendant fcince 1909. There was nothing in Cocker's previous [health Tecord 'that should hiivo been notified to Dr. M'Evedy. Cocker wafl an ordinary healthy individual, i Dr. Gilmer said ho examined Dicker after tho accident, arid described tho injuries received. The doctor was acting on behalf of Dr. M'Evedy. Ho did not think Cocker was fit for work now. Dr. Giesen also gave evidence on tho fame lines as the other sicdic.il men. Tho plaintiff, the driver of the tramcar, tho tram traffic manager, and others who witnessed the accident, gavo_ evidence in support of counsel's opening statement. The Defence. For the defence Air. Wilford called Dr. Herbert, who stated that ho examined Cocker, and found him. suffering from acute appendicits. An operation was performed on him on August 11 last. He 6tood tho operation well, and mado an excellent recovery. In his examination of Cocker ho was unable to find any organic disease. When he examined Cocker later ho was in a neurasthenic condition. John Marshall, the driver of tho taxicab, gave evidence of three jobs done on tho morning tho accident occurred, in car No. 105. At the end of tho last job, a passenger from the Windsor Hotel to the Thorndon Railway Station) he came back to tho stand, where ho was to hand over tho car to another taxi driver named Eyton, who usually drove it. When he missed his coat ho did not ask leave to uso the car io go Io the railway station to find it. Eyton jumped on the car with him to go back to the station. Neither of them had any authority to take the car. The general instructions were that tho cars were not to be U6ed by tho taxi-drivers for their own purposes. Before, and at tho time of tho accident, he was travelling at about 15 milos per hour. When he sounded his horn the plaintiff was at the time at tho recording clock. Plaintiff looked up, started to go across to his car, and then stopped, apparently waiting for tho taxi to pass. Then the plaintiff made n 6udden dart towards his car. He (witness) swerved to tho right to avoid' a collision, but. struck the plaintiff with the left wheel mudguard. When ho got out of tins car and went back to the .plaintiff the latter said ho was not much hur 1 .: a bit shaken, and added, "I don't think 3'ou are to blame."

In cross-examination, Marshall admitted that the coat was part of his equipment, and that he had gone back to get it. He could not remember what he said before the Citv Council.Commitee when he was called on' to show cause why his license should not bo cancelled. He was fined at tho Police Court for driving at an excessive speed at tho time of the .accident, but he was not present, tho case being heard while he was away from the court. Mrs. Nellie Nightingale, the defendant, said that all her drivers had specific instructions not to uso the cars for th°ir own benefit. Dr. Ewart also gave evidence, and said that he examined Cocker, who had no organic trouble, but was suffering from neurasthenia. Philip Eyton, taxi-driver, iu the employ of Mrs. Nightingale, who wrs on tho taxi when the accident occurred, gave evidenco much on tho lines as thai given by Marshall. At this stage an adjournment; wns mado to decide on the issues to be placed before tho jury, hut at ~> p.ui. this had not been agreed on, and the Court was adjourned until J0.?0 a m. to-day.