CLAIM FOR DAMAGES.

Hauraki Plains Gazette, Volume XXXVII, Issue 5019, 27 August 1926, Page 2

CLAIM FOR DAMAGES.

STRUCK BY MOTOR CAR. LOSS OF COWS. An action was heard at the Magistrate’s. Court at Te Aroha on Monday, before Mr J. H. Salmon, S.M., in which Harold William Kenyon (Mr Gilchrist), farmer, of Te Aroha, claimed from Brenan and Co., Ltd. (Mr R. S. CaTden), of Paeroa, a sum of £l9 10s. The statement of claim set out that on the evening of March 27 the plaintiff, after the- evening milking, was driving his dairy herd from .otae portion of his farm; tol another across the ,Te Aroha-Paeroa?’ road, when defendant’s servant, driving a Hudson car belonging to" defendant, negligently and at an ex’cessive speed ran into the herd, injuring. one of the dairy cows to the extent that it had to be destroyed. The plaintiff claimed to recover £l4, the value of the cow, the sum of £1 10s veterinary surgeon’s, fee, and £4 loss of profit froim the cow for the balance, of the season.

After the evidence of several witnesses had been taken the Magistrate said it was purely a question of fact. Plaintiff was crossing the road at dusk with his cows, which were moving, as cows always do, in a leisurely fashion, when they were run into by defendant’s car coming ,at a, considerable speed. It was a time when the visibility was bgd. No motorist runs into such a sluggish animal as a cow unless he has. not sufficient control of his. car to avoid it. The car was a big Hudson, and it was travelling down a, grade at a speed which the driver estimated at 20 to 22 miles. The car came to a dip and the- driver accelerated up the rise. The moment the cai 1 straightened out on the top it was right on the cattle and the driver could not pull up. This showed that there had been negligence. It was a matter of ,tbe degree of negligence, which varied according to the circumstances. It was quite clear that the driver should have control of his, car within the aubit off his lights. On an undulating road the vision was more restricted. Suppose that the car had come suddenly on a group of children playing at the top of the rise. If they were knocked down the driver would be liable because he could not pull up in time. The. position was not changed be'eause it was a bunch of cows, which ha.d a perfect right to be there. Plaintiff was entitled to succeed, and judgment would be given for the £l9 10s. as set out in the claim. . Expenses were allowed as follows: Court costs £1 10s, solicitor’s fee £2 12s, witnesses £2 ss.