£1610 DAMAGES

Dominion, Volume 36, Issue 16, 14 October 1942, Page 2

£1610 DAMAGES

Collision On Western Hutt Road

A claim for £1750 general damages and £360/9/1 special damages was brought iu the Supremo Court, Wellington, yesterday, by Robert Bradshaw Bell, labourer, Upper Hutt, against Macarthy’s Brewery, Limited,. for injuries received by - plaintiff when injured when travelling as a passenger iu a truck on the Western Hutt Road op August 25, 1941. through a collision with a motor-truck belonging to defendant company. The statement of claim alleged that the driver, of .'defendant’s, truck was travelling at excessive speed; failed to keep as far as practicable to the left-hand side of the road; was endeavouring to overtake a motor ambulance; failed to keep any or a sufficient look-out, and failed to give sufficient warning of-his intention to overtake another vehicle when the trupk in which plaintiff was a; passenger was proceeding in the: opposite direction.. ...

The defence denied the allegations in the statement of claim, but admitted that plaintiff was entitled to damages proportionate to tM; injury received, but held that the amount claimed by. plaintiff bore no such reasonable proportion. ' ' The Case was heard before Mr. Justice Johnston and n jury of 12. Mr.-B._S. Barry appeared'for plaintiff, and Mr. w. E. Leicester for defendant. The jury retired at 4.45 p.m., and returned at, 5.6 p.m. with a verdict for plaintiff for £1250 general damages mid £360/9/1 special damages. Judgment for plaintiff was entered accordingly, with costs.