£2566 DAMAGES CLAIM

Hawke's Bay Herald-Tribune, Issue 32, 22 February 1937, Page 7

£2566 DAMAGES CLAIM

- ■ ■ «im w 1 *■ • Court Sequel to Motor CoIlisioA MECHANIC'S INJURIES Tbe sum of £2566 14/- is claimed in damages in the Supreme Gourt at Napier by Roy Fissenden, of Waipawa, motor mechanie, f£om Henry Oram, of Paioierston North, solicitOr, for injuries allegedly received in a collision witb a car driven by tbe def endant Tbe case is being heard to-dby. Tbe accident eoncerned in tbe case oceurred over a year ago, and several witnesses are to be called befdre tbe caSe is concluded. Plaintiif is represented by M.r. C. G. E. Harker, and defendant by Mr. Mazengarb, witb wbom ia associated Mr. E. B. G. Chadwick. Tbe foliowing jury was empaueiled: Messrs. S. W. Hannbb (forema&L W. J. Farrington, F. H. Wilson. fl. B. I.atbam, R. J, Collister, H. B. MeKecbnie, T. P. Cosgrove, J. C. Johnston. A. C. Krdgb, A. F. Hunt, G. H. Cook. C. C. McDougaR, and R. O. Hieks. Mr. Harker stated tbat be proposed to call witnesses to Support bis allegations tbat tbe accident, wbicb oceurred on October 26, 1935, bad totally in-' capaeitated tbe plaintiff Fissenden for any work of a sustained nature however ligbt, and that tbe accident was due to tbe negligence of tbe defendant. Plaintiff', wbo bad been employed in a Waipawa garage, was a pas&enger in one of tbe firm's cars going to piek up a client's vebiele for repairs. Near tbe intersection of Waverly and Kenilworth streets a collision bad oceurred with defendant 's car. Plaintiff 's car was lifted in tbe air and tben fiung out of control tbrougb a fence. Plaintiff received a beavy blow on tbe bead wbicb rendered bim unconscious for tbree weeks. He was very dangerously ill, and was now suffering from double vision in the left eye, an inability to carry on sustained work, a cbange of temperament, and a deep-seated form of neurasthenia tbat seemed incapable of cure. Evidence tbat marks on tbe road shoWed tbat one wheel of defendant 's car bad skidded for 52 feet after tbe impact was given by Constable R. H. Moss, Waipawa, wbo bad visited tbe scene immediately aftlr tbe accident. Before tbe point of impact, grip marks of two wheels were shown for 12 feet. The latter indicated tbat tbe brakes bad bpen applied but tbat tbe wheel bad not skidded. Tbe case was still in progress When tbe Herald-Tribune went to press tbis afternoon, and no deeision is expected from tbe jury until late tbis evening.