CLAIM FOR DAMAGES

Dominion, Volume 11, Issue 161, 27 March 1918, Page 5

CLAIM FOR DAMAGES

In the Magistrate's Court yesterday, before Mr. 6. E. M'Carthy, S.M., a waterside worker named Jjauiel Donovan, for whom Mr. P. J. O'liegan appeared, proceeded.against Nellie Nightingale, proprietress of the A.B.C. toarago, represented by Mr. G. G. G. Watson. It ivas alleged that on the evening of November 3 last plaintiff was in • tho act of crossing !.o Kent Terrace in the direction of Queen Street, when he was knocked down by a taxicab, owned by the defendant, and driven by Tboiua:; Connelly. As a result of the accident plaintiff received bodily injuries, including a fracture of the small bone of his right leg and ivas disabled in sutl) a way as to be unable to earn wages for a period of nine weeks, in addition to which he sivlt'ernd from pain and shock. It was alleged that the accident was duo to tho negligence of tho driver, who failed to keep on the proper side of the street, or failed to give any signal of the approach or the proximity of the taxi. The amount" claimed was £65 for loss of wages.and general damages. After hearing considerable evidence tho Magistrate non-suited plaintiff on tho ground that there was no evidence that the driver of the taxi-cab was acting in his capneity as a servant of the defendant at the time cf the accident. Defendant was allowed costs and solicitor's fee £3 ss.