HEAVY DAMAGES SOUGHT

Sun (Auckland), Volume I, Issue 285, 22 February 1928, Page 13

HEAVY DAMAGES SOUGHT

MAN LOSES LEG CLAIM MADE FOR £1,204 “I was horror-stricken. I saw the glare of the headlights rushing at me, and then I knew no more,” was the description of an accident given by Thomas Horace Ellis, chemical manufacturer, of Mount Eden, who was the plaintiff in an action for damages commenced before Mr. Justice Reed and a jury of 12 to-day. The plaintiff, a man of GG years, sought to recover £I,OOO general and £204 damages for hospital expenses and loss of earnings from John Farrell, confectioner, of Onehunga, for injuries received through being knocked down in Khyber Pass on June 24, 1927, by defendant’s motor-car. Mr. F. D. McLiver appeared for the plaintiff, and Mr. Sulllivan for the defendant.

It was stated by Mr. McLiver that it was a miracle his client had survived the accident. He had lost one leg, and had been in hospital from the date of the smash until the following October.

The defence was a denial of negligence, and allegations that the plaintiff was not keeping a proper look-out, that through intoxication he was incapable of exercising due care, and that he was looking on the ground. The plaintiff said he was knocked down at Newmarket. He was admitted to the hospital suffering from a broken arm, a smashed leg, and many body injuries. His leg was amputated as a result of the Injuries. After being struck by the motorcar, said plaintiff, he was carried a distance of 50 feet, and the motorcar went another 30 feet before it was pulled up. To Mr. Sullivan: I took only one step back, and even had I continued forward I would still have been struck. There was plenty of room for the defendant to pass between him and the foothpath. There was nothing on the road but the motor-car.

Arthur Thompson, boilermaker, said he was walking up Khyber Pass to make a purchase on the niglrt in question. There was no traffic except a motor-car coming down the road. He saw a man on the tram lines nearest Hutchinson’s store. Witness was 60 feet behind the man. He saw the motor-car swerve off the road into the tram lines where the plaintiff was standing. There was ample room for the motor-car to pass. Witness heard no horn. He had to jump out of the way. too, otherwise he would have been hit. . .. , Lengthy evidence is to be called.