BOY AND MOTOR-CAR

Evening Post, Volume XCVII, Issue 128, 3 June 1919, Page 8

BOY AND MOTOR-CAR

A CLAIM FOR DAMAGES

To-day, at the Supreme Court, his Honour the Chief Justice {Sir Robert Stout) and a jury of twelve, of which Mr. Thomas Walter Stace was foreman, were engaged in the hearing of an action for damages. The case was between John M'Callum, infant, by his guardian, ad litem, Matthew M'Laren M'Callum,' police constable, now of Taumaronu'i, and1 Harold Harding Morris, manufacturing jeweller, of Wellington. Mr. H. F.> O'Leary appeared for the plaintiff, and ■ My. P. W. Jackson for the defendant. The claim was for £600 damages, and £6 17s expenses on. account ot injuries, alleged to have been received by tha lad through being knocked down and run over by a motor-car driven by the defendant. In May of. 1913, it was ad--' rnitted, the accident occurred at the corner of Ghuznee-street and Willis- • street, and it was alleged that the motor-, car was negligently and unskilfully driven by the defendant. The injuries,' to the lad 'were that his right thigh: was fractured, he suffered severe coucus-' sion of the brain, and his body was muck bruised and injured. As a result of the, said injuries, it was claimed that the, mental faculties of the lad were dulled, that he would be deaf, and that ho continued to suffer much pain and distress. The defence was a general denial o£ the allegations of negligence on the part • of the defendant. It was pointed out that, after the accident the defendant had taken the in-: jured lad to the Hospital and had frei quently expressed regret, and called to ! inquire as to the progress of the boy. Defendant had also offered to pay the-' actual Hospital expenses of the lad, but: this offer the latter's father refused to accept, stating thai a certain sum ofmoney—afterwards 'stated at £200-;----should be put aside for the boy. This. sum, according to his counsel, it was quite impossible for defendant to pay. The evidence led for the plaintiff went' to show that the defoadant was travel-; ling up Willis-street ait a speed of 20 to 25 miles an hour, while, as Mr. O'Leary pointed out, the maximum speed allowed by the bylaws in the city streets lis 15 miles an hour, and at the inter--1 section of streets eight miles an hour. I (Proceeding.) .