DAMAGES AWARDED

Gisborne Herald, Volume LXVI, Issue 20001, 28 July 1939, Page 3

DAMAGES AWARDED

ACTION AGAINST JOCKEY MOTOR 001.1. IS lON SEQUEL SMASH NEAR WAMIGA (Special to the Herald.) WAIROA, this day. Arising out of a collision between a motor car and a taxi in the vicinity if the racecourse on the Frascrtown mad shortly after midnight, on Febru* vr.v 4 last;‘a claim for £IOO damages was heard in the Wairoa. Magistrates ,'ourt yesterday before Mr. E. L. .Valton, S.M. Tire .o’, a inti If was James Lawrence, wr.or of (he taxi, and the defendant Henry John Callahan, a jockey, of Hastings. Mr. C. V. Chamberlain appeared for the plaintiff, and the defendant was represented by Mr. 11. K. Barnaul er, Hastings. At the (commencement of the heartig counsel for the defence made -a tallica lion to have Michael James Callahan, a motor driver of Hastings, whom he described as the owner of he car, added as a defendant’, the duplication. being granted. The statement of claim set out that he defendant on or about February 5. 1939, on the Wairoa-Frascrtown nain highway so negligently .and unkilfully drove a motor car that lie lollid'ed with a taxi owned by the plaintiff and driven by Colin As.pden, i taxi driver, and caused considerable damage to it. In consequence if the damage .plaintiff was unable to opo the taxi for 21 days, during which time it was being repaired, and lost earnings amounting to ill 15s a day during that period. In consequence if the collision and damage suffered he value of the plainililf’s taxi had dep recalled. Plaintiff claimed £IOO damages, made up as follows: C’cyslt of repairs, '53 ss: loss of earnings, £3O 15s; and depreciation, £lO. Evidence Heard Evidence for [he plaintiff was given by Colin As.pden. the driver of the taxi: the plaintiff: Charles Merritt Pilkington, the Transport Department's inspector; George Powell, a mechanic; and FascuU Berry, Wairoa manager for J. J. Niven and Company Limited Counsel for the defence .submitted that if there was any fault on. the part of the defendant for the accident, which he denied, it was brought about. ,by the tacit, that he was blinded by the headlights of the taxi. It was alleged by the defence that the col‘l is ion was caused by the excessive speed at which “the taxi was travelling. It would also be denied that the defendant had 1 accepted liability for the mishap as alleged by the plaintiff. Evidence for the defence was given by the defendant, and by Cedric Percy Shields, a. jockey of Hastings, who was a passenger in defendant’s car at the time of the collision. At the conclusion of the evidence the magistrate stated that he had no hesitation in accepting the story of .Paintin' and his witnesses. He found that defendant, Henry John Callahan, was guilty of .negligence and, gave judgment for plaintiff for £B4 5s and costs, £8 ltis.