CLAIM FOR DAMAGES

Dominion, Volume 11, Issue 213, 28 May 1918, Page 8

CLAIM FOR DAMAGES

ACCIDENT ON lIUTT ROAD COLLISION WITH MOTOR-CAR A case involving a claim for .£579 damages for injuries received occupied the attention of His Honour Mr. Justice Edwards, aud a jury of twelve ut the Supremo Court yesterday. Tho plaiutiif was James Lynch, an employee of the City Corporation, and the defendant was Jnines Gibson, market gardener, Lower Hutt.

Mr. J. O'Sliea, city solicitor, appeared for tho plaintiff, the defendant, being represented by Air. A. Dunn. Mr. K. Read was foreman of the jury. The case for the plaintiff as outlined by Mr. O'Shea, was that the accident took place on the Hutt Rood on September 17, 1917. Lynch was a metal-spreader in the employ of the Wellington City. Council, a body which was interested in tho upkeep and maintenance of the Hutt Road. On tho day in question, Lynch was engaged in spreading metal on the Hutt Road, and tho defendant was driving: his motor-oar from the city towards Ngaluuiranga. The defendant collided with Lynch some little distance beyond Kaiwnrru. Plaintiff suffered serious bodily injury to tho mouth, left arm. and leg. Ihs left arm had received a permanent disability, and ho was still under medical treatment. His loss consisted of seventeen weeks' wages (J.'GO), besides which ho had incurred £U Us. in medical expenses, and £;> in dental treatment lo his mouth. _ It was alleged that defendant was driving along on the wrong side of the road. Plaintiff was standnig about the middle of the actual roadway, about teu feet in front of the road rollert and about eight feet to the west of the roller. Lynch was standing on I he edge of the rolled metal, facing practically to Somes Island. The motor-car, which it was alleged came along on the wrong sido of the road, would have passed the steam roller, which was heading towards tho city, on the wrong, or off side. There was no other traffic. The car suddenly swerved to the west, and tried to pass between Lynch and the roller. Plaintiff heard no sound, and was struck from behind, being thrown a distance of twelve feet. It was suggested by the plaintiff that the driver of the car directed his attention wholly lo the steam roller, and failed to notice Lynch. , T'or the defence it was contended that the mishap was a pure accident, and that (he defendant had sounded the horn of his cur. It was claimed that defends '•vns travelling on the right side of the road. After evidence hud been heard, the ease was adjourned until 10 a.m. to-day.