SUPREME COURT

Hokitika Guardian, 13 June 1931, Page 5

SUPREME COURT

DAMACES ALLOWED. GREYMOUTH, June 13. At the Supreme Court at Greymouth yesterday before. His Honour, Mr Justice Adams, a civil action for damages, involving £1039 7s, was hearfl The plaintiff was Thomas Donnellan, horse trainer and poultry farmer, and the defendant Frederick Robert Fairhall. gardCner, both of Greymouth. The action arose out of a collision between plaintiff, who was riding a push cycle down Poketahi Street, and defendant, who was riding a motor cycle from Tainui Street into Puketahi Street on the morning of March 18, 1930. The claim was for £BSO as general damages, and £lB9 7s as special damages (hospital, medical and nursing expenses). His Honor, summing up the evitlnce, said' if it were found that the cause of the. accident was negligence on the part of defendant, the answer to Question One was “Yes,” and if not the answer to Question Two was “Yes.” Tf the accident was found to have been brought about negligently by the two of the parties concerned, then neither could recover damages front the other. The third question was simply one asking them to assess damages. The jury retired at 4.35 p.m. am' after an interval of 47 minutes returned with an affirmative answer to the first question as to whether the accident was due to negligence on the part of defendant, and assessing general damages at £384 and special damages at C 169 2s. a total of £553 2s. Costs according to scale were also allowed plaintiff with £8 8s for second counsel.