DAMAGES AGAINST MOTORIST

Hokitika Guardian, 17 July 1929, Page 3

DAMAGES AGAINST MOTORIST

£9BO ALLOWED

WELLINGTON, July 15. In the Supreme Court Lizzie Edith Mathers claimed against Hugh Muir, £1259 damages for injuries alleged to have been received when plaintiff was run down by defendant’s motor-car in October last. Plaintiff alleged that defendant so negligently and nnskilfuJy drove his car that lie ran over her. Such negligence it was alleged was due to defendant’s driving on the wrong side of the road, failing to give warning of his intention to turn a corner, and failing to steer clear of plaintiff or stop his car before running her down.

The defence was a denial of the allegations, arid it was contended that the accident was caused through plaintiff s failure to take due care when crossing the street. Mr Justice MacGregor, after hearing the evidence, remarked that the case was one which in his opinion should have been tried before a jury, and that it was difficult to understand why such a procedure had not been followed. He considered that defendant had not kept a proper look-out, and that plaintiff was entitled to recover dam J ages, since the defendant’s negligence was the cause of the accident. His Honor allowed £899 .as,.general, damages ’and.£lßo:as special damages.-