SUPREME COURT

Hokitika Guardian, 18 June 1930, Page 6

SUPREME COURT

GREYMOUTH, Juno 18

The attention of the Supreme Court was occupied all day yesterday in a jiann by itgidio jieurzatti against Frederick Wise for damages amounting to £800,3s 6d. x The claim arose as the result of an

incident which occurred on Saturday, nine 29, 1929, when plaintiff was

struck by defendant's car, and olaintiff claimed that lie has been totally disabled from working, and be lias suffered permanent and serious iu;urv. Plaintiff’s claim set out that the accident was due to defendant’s negligence in that (1) he was driving at an excessive speed, and (2) he gave no signal or other indication that t’i« car was approaching; that plaintiff was a miner, and liis average earnings prior to the accident were not less ban £4 10s fid per week. He claimed as special damages, 41 weeks’ wages at €4 13s (id per week, amounting to "197 15s, medical and hospital expenses £ll4 «s ffd. and £SOO as general damages, a total of £BOO 3s fid.

The jury retired at 8 p.m. to con- ■ icier the following issues:— (1) Was the defendant’s car driven at an excessive speed under the circumstances (.2) If so, was such excessive speed the real cause df the accident? (31 Wa« M>ere cbntrihutory negligence on the part of the plaintiff (4) What damages (if any)?

The juv after a retirement lasting until 9.22 p.m., returned the following answers to tlie questions suhmited: — (1) Yes. (2) Yes (3) No.

Tlie Foreman announced that the iury had decided to award the plaintiff G3OO general damages, in addition to 'the special damages, making a total amount of £598 13s.

Judgment in accordance with the verdict was entered by His Honour, M-'th costs according to scale; also witnesses’ expenses and disbursements to fixed hv the Registrar. He also allowed £lO 10s for second counsel. T,o;iv > was granted defendant to a only* for a new trial and for judgment. the nonlication to be filed within fourteen days.