DAMAGES CLAIM

Hawke's Bay Herald-Tribune, Volume 81, Issue 34, 3 November 1937, Page 5

DAMAGES CLAIM

-Presa Association.)

Sequel to Fatal Collision DRIVER EXONERATED

(By Telegraph-

WELLINGTON, This Day. The aftermatk of a cbliision between a lnotor-ear and a motor-truck, result* ing in the loss of three lives, was heard in the Supreme Court at Wellington yesterday before Mr Justice Reed, when a settlement of claims for damages. was announced, and the driver of the motof truck was completely exonerated. There were two cases against the same defeoidants, arising out of tlie same set of fa9ts, In the first case Edward Barnard Walers,-. motor-driver. of Masterton, claimed £1500 general damages and £196 special damages from O. O. Bushby and Son Ltd.,. fruit inerchants, of Hastings, and Colin Alexander Stevens/electric power linesman, of Dannevirke, executor of the estate of the late William Leslie S-harman. In the seeond action Mrs Mary Eleanor Howes, of Mastertonj claimed £1000 from the same defendants for the deathof her son, Charles Herbert Howes, aged 23, a passenger in the car. Mr I. A. Hart (Masterton) appeared for the first plaintiff, and Mr J, Macfarlane Laing (Masterton) for the seeond plaintiff. Mr W. E. Leicester, with him Mr T. P. MeCartby, appeared for C. O. Bushby and Son, and Mr C. C. Marsack (Masterton) for the Sharman estate, in both actions. On February 15 last( at 5.45 p.m. when driving a sedan motor-car along Mount Bruce roud from Masterton toward Palmerston North, Mr Sharman sfcruck a truck owned by Bushby and Son, Ltd., and which was being driven by Ilajmond Cetjric Bushby towards ftlasterton from Hastings. The vehicles collided on a bend. Mr Sharman and his wife were killed, and Mr Howes died a few hours later. Mr Waters suffered injuries to his head, chest aud abdomen. When the settlement of the first case was annotmced by Mr Hart, Mr Leicester said the accident had aroused strong feeling in Masterton. Mr Bushby had driven for 12 years with an unblemished record. No evidcnce oi negligence had been adduced against him.at the inquest or- at any other inquiries. It was agreed that the form of the judgment was a eomplete exoneration from any imputation of negligence against him. The other counsel endorsed Mr Leicester's statement^ Mr Justice Reed entercd judgment for Mrs Howes against the Sharman Estate for £750, with costs £75, and fo5v Waters for £500, with costs £'0. Ihe claims against Bushby and Sont Ltd.4 werg witHdraw% m