MOTOR COMPENSATION CASE

Evening Star, Issue 22461, 5 October 1936, Page 1

MOTOR COMPENSATION CASE

JUDGMENT FOR PLAINTIFF Judgment with costs for the plaintiff in a motor accident case was given by Mr J. It. Bartholomew, S.M., in the Magistrate’s Court this morning. Mabel Gilchrist claimed from John Lupp, jim., the sum of £B7 Its as damages sustained as a result of defendant’s car knocking her down in Princes street on May 15. Mr W. Ward appeared for the, plaintiff, and Mr A. C. Stephens represented the defendant. Plaintiff stated that she was walking across the stret when knocked over by the car.' Particulars as to damages wer« also given. In giving evidence for the plaintiff, Henry Francis. Litolff said that the car was travelling at a speed of between 30 to 35 m.p.h., and in the middle of the street. His attention was first attracted by the speed of the car, it being a Friday evening. The vehicle struck the plaintiff with the front of the rear mudguard, lifting the back of the car off the ground, while the plaintiff was somersaulted into the air, rendering her unconscious. Other evidence was also calk,'*. The defendant stated that he was travelling up Princes street on full throttle. He was not travelling at more than 17 m.p.h., as his car could not take the incline faster than that after starting from a cold engine. Ho felt a slight bump, and pulled up immediately, and after providing a taxi to take the girl home, reported the matter to the police. Evidence was called showing that the car could not travel up the incline at more than 17 m.p.h. In giving his decision, the Magistrate said that the Friday evening traffic conditions should be taken into account, and although plaintiff might have misled seeing the defendant, he was apparently travelling at a fair speed, and must have just missed the plaintiff with the front of the car. Judgment was given for the plaintiff for £l7, with costs (£8 i)s).