£2700 DAMAGES SOUGHT

Hawke's Bay Herald-Tribune, Issue 162, 27 July 1937, Page 9

£2700 DAMAGES SOUGHT

-Press Associiti'jn.)

Pedestrian Who Was Knocked Dqwn by Car

(By Telegrapb-

PALMERSTON N. This Day. Arising out of an accident in the Square on Septembcr 10, 1936, whsn a woman, 72 years of age, a pedestrian, was knocked down by a service car, the hearing of a claim for £2755 Os 9d damages was commenced in the Supreme Court at Palmerston North yesterday, PlaintilE was Mrs. Flizabeth Growther, of Wellington, wife of Daniel Crowther, an attendant, and dofendantsi were Leister George Harris, of Dannevirke, service car • proprietor; Roy Mervyn Blackford, of Dannevirke, a driver; and Mrs. Graco Marion Harris, of Dannevirke, wife of Leister George Harris, and the registerod owner of the car. The Chief Justice, Sir Michael Myers, presided. Mr. O. " C. Mazengarb, of Wellington, with him Mr. L. G. H. Sinclair, appeared for plaintiff, and Mr. I. Macarthur for defendants. The following jury was empanelled: — Messsr. W. Harris (foreman), T. A. Bennett, R. S. Hart, F. E. Coutts, W. A. Poole, C. Powell, A. E. Lowe, J. McShane, R. E. McCulloch, K. E. Moody, C. R. Kjng and T. Doherty. The statement of claim set out that, at about 10.35 a.m., plaintiiE was crossing Main street, from the direction of the gardens towards the Post Office. At the same time defendant Blackford, while in the employ of either or both of the other defendants, and acting in the scope of his employment, was driving a motor-car (of which Mrs. Harris was the registered owner) along Main street towards the Square from Terrace End. It was alleged .that the driver so negligently and unskilf ully managed and controlled the car that"he rfcn into plaintiff and caused her to suffer grave injuries. As a result plaintiff sustained severe injuries to her hc&d and brain, for which she had to receive hospital And medical treatment and had to undergo a serious operation. Since the accident she had, been totally disabled and would remain permanently so. She had endured and still endured much pain, had lost the enjoyment of life and the prospect of a happy and comfortable old age. Oue shoulder was stiff and her left hand almost useless, while she had become generally enfeebled and unable to move about without an attendant. Plaintiff, therefore, claimed by way of special damages the following sums:— Hospital account £48 13s 7d, medical fees £78 9s, X-ray fees £5 15s 6d, nursing .ttention from January 27 £94 'Os, medicines £18 12s 8d, special fares £9, total £255 0s 9d. In addition, £2500 was claimed by way of general damages. The stat&nent of defence admitted that there had been a collision, and that the car was driven by Blackford, tho registered owner being Mrs. Harris. All allegations of negligence were denied, afld as a result any liability was also denied. For the seconc defence, it was alleged that Mrg. Crowther failed to exercise due care and attention and failed to keep a proper look-out; For a third defence, contributory negligence was alleged, if any negligence was proved against the driver of the car. Evidenee given by plaintiff, then in bed in Wellington, was read, while further evidenee on her behalf was given by W. James, a nephew of plaintiff; Mrs. Mary Phelan, of Palmerston North, who had witnessed the accident; Daniel Crowther, husband of plaintiff; Dr. E. G. Barnett, of Palmerston North; and Dr. H. H. Smith, of Wellington. Mr. Macarthur inovcd for judgment on the ground of contributory negligence — that, on her own cvidefice, plaintiff had not seen tho car at any time. ne also tnoved for a non-suit on the same ground. In provisionally xefusing tho application, his Honour roscrved leavo to apply to havo the matter ro-opened. FOr the dbfenec ovidence wda given by ftoy Mefvyn Blackford, the driver; Eric Morgau Mprgan, of Napier; Mrs. Gladys Vora Befry, oi Dannevirke, and Mrs. Euna Agnes Gibbs, of Woodviile, tho three latter being passengers. The Court adjourncd at 5 p.m. until this morning.