CLAIM FOR DAMAGES

Evening Post, Volume CXVII, Issue 106, 7 May 1934, Page 11

CLAIM FOR DAMAGES

MOTOR-CAR WITHOUT LIGHTS

ORIENTAL , BAY ACCIDENT

Diiving without lights along Oriental Parade on the night of August 26 lasl year was tho main ground on. which allegations of negligence were made agaiust George Joseph Wakem, a soft goods manufachucr, i>i the Supreme Court today, when Mis. Janet Scott Bcck'v-claimed from liim £140 3s !)d special' and £SOO general damages. Mrs. Bock was one of three women— the others being Airs. Gertrude Horton and Miss Kuth N. Billington—who were knocked down by the defendant'is car on tho Parade. Mrs. Beck, who \vas> unable to be present in court, was stated to have suffered» a severe nervous breakdown as a result of the accident, and to be a living skeleton of her former self.

The caso came before the Chief Juslice (Sir Michael Myers) and a jury of twelve.

Mr. C. A. li. Treadwell and Mr. 11. J. V, James appeared for the plaintiff, and Mr. H. P. O'Leary and Mr. W. P. Rollings for the 'defendant.

It was not denied by Wakem that he was driving without lights and that his horn was,out of order, but his explanation was that the fuse, had burnt out when he was approaching Point Jerningham and, he had 'decided that hi., best plan would bo to drive slowly to the nearest service station, which was at Clyde Quay, and havo the trouble rectified. Ho had with him his father • and-four other passengers. Having decided to go to the service station after his .examination of ' the ear, lie drove .on, he said, at a slow speed. When in tho vicinity of Hay Street in. Oiiental Bay one of the passongeis asked to bo lut out. As this street had just been passed, Wakem declutched and was coasting with tho intention of pulling up at the north end of \the .reserve, which forms an "island" on'the Parade, when he felt a slight bump at.the left sido of his car. At that time ho was almost to the north end of the reserve. Wakem said he applied his biakcs and stopped dead almost at once. On getting out of the car he found he had stiuek and knocked down three pedestrians.. DOCTORS' EVIDENCE. Nono of the three ladies suffered severe physical injuries, but the- evidence of Sir Donald McGavin, Dr. Macdonald Wilson, and Dr. S. D. Hhind was that Mrs. Beck had suffered a soveio shock to her nervous system. At tho present time, they said, she was suffering from traumatic-neurasthenia. They agreed that the settlement of tho cas,o should contribute materially 'to an improvement in. her condition, but expressed the view that six,months would bo a reasonable term before bhc recovered. For a first ground of decenee, the defendant, in the statement of defence, denied tho plaintiff's allegations of negligence, and for a" second and alternative ground of defence alleged that the accident was due to negligence by the plaintiff in (a) failing to keep a proper or sufficient look-out for .vehicular traffic, and (b) failing in the circumstances of the case to exercise reasonable care.

In opening the case for the plaintiff, Mr. Treadwell &;iid he thought that if the facts as alleged by the plaintiff wcro proved tho "jury would find a very clear case of very gross negligence against the defendant. It had been raining, said counsel, visibility was bad, theie was no -windsciccn-wiper working on the car, the horn was not working, and the defendant was driving without lights, a little off the course usually taken by vehicular traffic at that point. ■ Mrs. Beck was 49 years of age, and though sho was described as being a plump, healthy little woman before the accident, sho was now just a' bag of bones.

After evidence for the plaintiff had been completed, no evidence- was called for tho defence.1 The jury had not given a, verdict at the time of going to presa,