DUTY TO BE CAREFUL

Hokitika Guardian, 16 August 1932, Page 6

DUTY TO BE CAREFUL

comment BY JUDGE.

(Per Press Association — Copyright.)

AUCKLAND, August 15

In his summing up to the jury on a claim for £BB7 damages brought by Andrew, Jones, engineer’s fitter, against Lionel Ogilvie Ross, farmer, of Tamaki, Mr Justice Herdman emphasised that it. is the duty of pedestrians as well as motorists to take every care to avoid accidents. .

•The claim arose out of an accident on the .night of April 4 of last year, when. ),Jones .was knocked down, by a car driven by Boss. The evidence showed that, from the point where Jones left the footpath to crotss the road a car could- be seen a distance of 120 yards away,. • •

■•“ An impression is abroad in this .country that- the victim of a motor accident has merely to come to this Court and prove injuries for a jury to award him damages,” said his Honor int summing up. .‘‘That is not the law. A breach of duty on the part of the defendant mu,st be shown before any question of damages can be considered, jins this case the vital point is that the lights rf>r a . Shu “c&ulcTße'lteen 120-yards away from the spot where thp accident happened, and plaintiff hail ample time to; .avoid being struck- if • his account of the accident is correct. Pedestrians, as well' as'motorists, have a duty to perform 'in- using the highways.”' * • The-jury found that therfe'Was negligence on tfhe part of both- parties, and a—verdict was entered for defendant."