AWARD BY JURY

Evening Post, Volume CXXXI, Issue 121, 24 May 1941, Page 7

AWARD BY JURY

LESS THAN AMOUNT PAID

INTO COURT

Though a jury of twelve in the Supreme Court returned a verdict yesterday in favour of the plaintiff in a motor accident case, they awarded him less than the amount already paid into Court. The plaintiff, Eric Young, a van driver, of Lower Hutt, claimed £500 general damages and £66 7s special damages from Victor Hobart Charles Holme Hansen, a turner, of Lower Hutt. The jury awarded the amount of the special damages and £100 general damages, but the defendant had paid £225 into Court before the hearing.

Mr. W. P. Rollings, for the defendant, accordingly moved for judgment, upon which the "allocation of costs depends. Mr. Justice Ostler, who presided, said that if v Mr. Rollings and Mr. R. E. Harding, for the plaintiff, were unable to agree on this matter he would hear them next week.

The claim was the result of an accident which occurred on the White's Line East ramp at 5.45 p.m. on November 23 last. Young was pushing a pram- containing a six-months-old baby up the ramp footpath when he was struck from behind by a motor vehicle going in the same direction. He suffered concussion and a fracture of the left fibula. The baby was uninjured. He alleged that the accident was caused by a car driven by Hansen The defence denied that Hansen was concerned in the mishap and contended that Young was struck by a baker's van which was crossing the ramp immediately in front of Hansen.