£2000 DAMAGES

Southland Times, Issue 18854, 21 June 1920, Page 5

£2OOO DAMAGES

VERDICT FOR BLUFF PLAINTIFF. A case of considerable local interest occupied the attention of His Honour Mr Justice Herdman and a jury of twelve in the Supreme Court at Hokitika on Friday and Saturday. This was an action in which Arthur Herbert King, merchant, Bluff, proceeded against A. Hall, Ltd., Hugh Cassidy and A. Hall, all of Otira, rf” 1 -roach proprietors, to recover £504 special damages and £2OOO general damages, in respect of in ; u ries received by the plaintiff whila travelling in defendants’ coach between Arthur's Pass and Otira on .fun? 17. 1910. sir John Findlay, K.C. (instructed by Messrs Russell. Son and Meredith. Invercargill, who issued the writ on behalf of the plaintiff) and Mr James Park (Crown Solicitor. Westland i appeared for the plaintiff and Mr J. W. Hannan for the defendants.

The statement of claim showed that on the date on which plaint'ff sustained the injuries in respect of which he claimed damages an accident occurred to the mail coach while travelling from Arthur’s Pass to Otira- and plaintiff alleged that the accident occurred through the negligence of the defendants and their servants in that the coach was not in a thorough state of repair, end in particular the brakes on the coach th-ongh such disrepair, were insufficient to hold the said coach. From the evidence it appeared that he coach bccatnc unmanageable, and after travelling down the hill at break neck speed the forecarriage parted and the coach overturned with a violent crash. The plaintiff suffered a fracture of the right arm and dislocation. resulting in total paralysis of the right arm. Plaintiff also suffered intense neuralgic pain for many months. Dr R. H. Hogg, who was the principal medical witness for the plaintiff, gave it as his oninion that it was not at all likely that the plaintiff would have any use of his ...nit for two years and it was very doubtful if the full recovery of the injured muscle would ever take place. Dr Hogg assessed the disabilities of the plaintiff as the result of the accident at 30 per cent, and his opinion was corroborated by a certificate from Dr Marshal Macdonald. Dunedin. The defence was a dental of any negligence. Defendants alleged that the coach was in a thorough state of repair. At the conclusion of the case the jury returned a verdict for the plaintiff against the defendants Cassidy and Hall, assessing the damages at £2OOO.