SEQUEL TO COLLISION

Dominion, Volume 20, Issue 63, 8 December 1926, Page 10

SEQUEL TO COLLISION

WIDOW AWARDED £l5O DAMAGES His Honour Mr. Justice Ostler and a jury were engaged in the Supreme Court yesterday 7 in hearing a claim for £lOOO "damages. The plaintiff, M ar ' garet Bothwell Baxter, was a widow, 65 years of age. She was represented by Mr. P. J. O’Regan, while Mr. H. F Johnston appeared for the defendants, Stanton’s, Limited, garage proprietors, of Wellington. In opening his case Mr. O Regan stated that on October 5, 1926, the plaintiff, together with her daughter and her son-in-law, were driven by Walter Stanton from Kaiwarra to the Public Hospital, where her daughter was left as a patient. At Stanton’s invitation plaintiff and her son-in-law drove back into the city as passengers in h|S car. When the intersection of Kent Terrace and Vivian Street was reached, however, the car collided with a tramcar. Mr. O’Regan contended that at the time of the collision the motor-car was being driven recklessly. He claimed that, as a result of the accident, the plaintiff suffered bodily injuries which included eight fractured ribs in consequence of which pleurisy intervened, the plaintiff becoming seriously and permanently disabled. For the defence it was denied that the accident was caused by negligence on the part of Walter Stanton. The collision was accidental, being caused bv the slippery state of the roads. Negligence was denied by the defendants, as also was any knowledge of the plaintiff's condition. Considerable evidence, some of it medical, was called bv both counsel. After a short retirement, the jury awarded the plaintiff £l5O damages.