Negligent Driver Pays £980 Damages

Sun (Auckland), Volume III, Issue 716, 16 July 1929, Page 9

Negligent Driver Pays £9BO Damages

WOMAN KNOCKED DOWN DROVE ON WRONG SIDE Press Association WELLINGTON, Monday. In the Supreme Court today Lizzie Edith Mathers claimed against Hugh Muir for £1,250, as damages for injuries alleged to have been received when plaintiff was run down by defendant’s motor-car last October. Plaintiff alleged that defendant negligently and unskilfully drove his car, and that he ran over her. Such negligence, it was alleged, was due to defendant's driving on the wrong side of the road, failing to give warning of his intention to turn a corner, and failing to steer clear of plaintiff or stop the car before running her down. The defence was a denial of the allegations. It was contended that the accident was caused through plaintiff’s failure to take due care wheu crossing the street. Mr. Justice MacGregor remarked that the case was one which, in his opinion, should have been tried before a jury, and that it was difficult to understand why such a procedure had not been followed. He considered defendant had not kept a proper lookout, and that plaintiff was entitled to recover damages, since the defendant’s negligence was the cause of the accident.

His Honour allowed £SOO as general damages and £IBO as special damages.