SUPREME COURT

Dominion, Volume 10, Issue 2937, 24 November 1916, Page 8

SUPREME COURT

CLAIM FOR DAMAGES

At the Supreme Court yesterday, before the Chief Justice (Sir ftobert Stout) and 'a common jury of twelve, tho hearing was continued of the action brought by Hattie Tolley and another against Walter Naismith, managing director of the Victoria Laundry, on account of injuries alleged to have been received by Hattie Tolley through being run clown by defendant's motor-car in Adelaide Road on September 12. The statement of claim set out that on the bay in question the child alighted from a tramcar <it the corner of Adelaide Road and Dnunniond Street, when the defendant's ,motor, negligently driven by bim, came up from behind the tramcar, and striking her with great force knocked her down and ran over her. As a result her left le? was broken, she received a cut over the right eyebrow, was generally bruised and sustained a severe shock to her system. The plaintiff claimed <£7ao as compensation for injuries received, and her father (Henry Richard Tolley, electrician, of 34 Wright Street, Wellington) claimed to recover the sum of .£IOO for medical, surgical, hospital and other expenses incurred on acount of his daughter. For the defence the allegation of negligence on the part of the defendant was denied, and it .was alleged that Hattie Tolley had alighted from the trarncar in a negligent manner and without regard to lawfully passing traffic, proceeded in a negligent manner towards the footpath, and ran into the motor-car driven by the defendant. Evidence in support of the defendant's contention was called. - The jury returned a verdict for plaintiff, and "awarded Hattie Tolley .£lls damages and .£lOl 17s. 6d. to her father for medical expenses. Judgment was entered accordingly, costs being allowed according to scale, and certificate for second counael, with witnesses' expenses and disbursements, to be settled by the Registrar. ' ' CASE ADJOTONED. In the case brought by the City Conncii, for whom Mr. J. O'Shea, Chty Solicitor, appeared, against the Butt Council, represented by Mr. E. P. Bunny, with respect to an agreement regarding a road, His Honour, after hearing part ot the evidence, adjourned tho case to enable the parties to confer, and if possible come to an arrangement.