SUPREME COURT.

Manawatu Standard, Volume LX, Issue 134, 7 May 1940, Page 10

SUPREME COURT.

WIDOW CLAIMS DAMAGES. As the outcome, of a collision between a motor-car and a motor-lorry on the main highway between Foxton and Levin at night in August, 1939, the hearing of an action was commenced in the° Supreme Court,, yesterday, in which Mrs Marjorie Weir Way, widow, of Levin, claimed £3025 from Brian Leslie Everton, stock dealer, and Thomas Gerrard Alexander Marchant, lorry driver, both of Levin, as compensation for the death of her husband, Bertie Rupert AVay. The case was heard bv the Chief Justice. Rt. Hon. Sir Michael Myers, and a jury of twelve. Mr 0. C- Mazengarb (AVellington) and Mr N. M. Thomson (Levin) appeared for plaintiff, and Mr G. Crosslev for defendants. Mr G. G. Watson (AVellington) appeared for B. It. Way, Limited, joined by defendants as a third party. The statement of claim set out that on August 15, 1939, defendant Everton was the owner and defendant Marchant the driver of a motor-lorry concerned in a collision with a car driven bv Joseph Henry John Hayfield, also of Levin. As a result of the accident Mr Way, a passenger in

the car, was killed instantly. Negligence was alleged against defendants, it being contended that the lorry was unlighted. The claim was for £25 4s 6d special damages and £3OOO general damages.

The statement of defence denied all allegations of negligence on the part of the lorry driver. As an alternative ground for defence it was alleged that Hayfield failed to keep a proper lookout, drove the vehicle at a speed which was excessive, and failed to avoid defendant’s vehicle by stopping or steering clear. Further, the defence stated that Hayfield was at all times under the control of AVay and that, if it were proved that either was negligent, then Way was identified with that negligence and, again, that the collision was due to the negligence of Way. Defendants named B. R. AA r ay. Ltd., the company of which deceased was the largest shareholder, as a third party.

The jury was as follows: Messrs E. W. Sweetman (foreman), F. D. Collis, H. E. Lush, AV. I. Hearsey, T. E. Rose, J. Dobson, AV. P. Hope, M. R. Finn, J. R. Blackwell, C. R. Broughton, R. W. S. Currie, AV. D. Woodham.

After several witnesses had been heard the hearing was adjourned until 10.15 a.m. to-day.