CLAIM FOR DAMAGES FAILS

Dominion, Volume 21, Issue 131, 2 March 1928, Page 15

CLAIM FOR DAMAGES FAILS

AN INTERESTING JUDGMENT. A decision of interest to drivers of vehicles on the highway was delivered by Mr. J. H. Salmon, S.M., in the Magistrate’s Court yesterday m the case in which William Woolgar, of Petone, claimed damages amounting to Jil2 os. fid. from a carrier named James Carlyle Roger, also of Petone, in connection with a recent street mishap. The facts disclosed were that Roger was driving his express from a side street into the main street of Petone while a nursegirl was wheeling the plaintiff's child in a push-cart along the latter thoroughfare. It was alleged that Roger was travelling negligently and at an excessive speed along the side street into the main street and around the corner, with the result that he pushed over the perambulator, causing injury to it and to the infant child of Woolgar. Under ' cross-examination the nurse-girl admitted that she did not look down the street to see if anything was coming, and did not see. the defendant’s vehicle until the accident occurred. The defendant in his evidence admit, ted that he had pleaded guilty to travelling round a corner other than at a walking pace, and so had been convicted for a breach of the by-laws. He claimed to have gone round the corner in his express at a “jog trot,’’ that he had signalled the direction in which he was going, that he saw the nurse-girl stationery on the footpath, and that he was entirely unaware of the accident until some hours afterwards. Mr. A. H. Sievwright, who appeared on behalf of defendant, argued that the conviction for a breach of the by-laws did nof ipso facto prove negligence, and that the sole cause of the accident was that the nursegirl had not taken proper care in seeing that the road was clear of traffic. . The Magistrate, in giving his decision. upheld the claim made by Hie defendant’s counsel, and pointed out that as the push-cart had been struck by the rear wheel of the express jt was apparent that there was contributory negligence on the part of the purse-girl in not taking proper precaution. De entered judgment for the defendant with costs. Mr. P. W. Jackson appeared on behalf of plaintiff.