HUSBAND GRANTED £700 FOR LOSS OF HIS WIFE

Sun (Auckland), Volume I, Issue 195, 7 November 1927, Page 12

HUSBAND GRANTED £7OO FOR LOSS OF HIS WIFE

KILLED IN CAR SMASH SEQUEL TO MOTOR RACE The fatal accident on the 90mile beach last February, when a racing car was run into by another car, had its sequel before Mr. Justice Herdman and a jury in the Supreme Court this morning. THE action consisted of two claims, A covering damages for loss of life and damages for the loss of a motorcar. John Bernard Andrewes, storekeeper, Rawene, claimed £250 damages from Victor Ferdinand Eisenhut, garage proprietor, Kaikohe. The second action was a claim for £I,OOO damages against Eisenhut, by Paul Spender, garage proprietor, Rawene. Mr. R. McVeagh appeared for both plaintiffs, and Mr. G. P. Finlay for the defendant. “The acts of negligence have been admitted,” said Mr. McVeagh, addressing the jury, “and you have only to assess the damages in each case.” On February 17 last, motor races were being held at Ahipara Beach. Kaitaia. It was during the progress of the five-mile race that the fatality occurred. The car belonging to Andrewes, in which Mrs. Elizabeth Spender was a passenger, was leading in the race when defendant’s car was driven across the race-track and collided with that driven by Andrews. Mrs. Spender was killed instantly. The jury had to decide what damages the plaintiff Spender was entitled to for the loss of his wife. She was the mother of his three children, and was also invaluable assistance to him in the garage, having had an intimate knowledge of motor-cars. The jury awarded £175 damages in respect of the motor-car and £7OO damages to Spender. The amount was to be divided in the ratio of £440 to the husband and £IOO to each of the three children. Judgment was accordingly entered costs.. ~