STATEMENTS DENIED

Sun (Auckland), Volume III, Issue 901, 19 February 1930, Page 11

STATEMENTS DENIED

DRIVER OF LORRY WHICH STRUCK WOMAN CLAIM FOR DAMAGES The administration of the picturesue Chinese oath of blowing out a lighted match was a feature of proceedings in the Supreme Court today, in a young woman's claim for £1,423 damages for injuries she received in a traffic accident. The action was heard before Mr. Justice Smith and a jury. Marjorie May Davidson, who was knocked down at the corner of Pitt Street and Karangahape Road on June 17 last, by a motor-lorry driven by a Chinese, Wong Chee, sued the driver's employer, Ngue Man, an Avondale market gardener, for £1,250 general damages and £173 medical expenses. Mr. Singer appeared for plaintiff and Mr. Goldstine for the defendant. The defence of contributory negligence by the young woman’s failure to keep a proper lookout, was continued this morning. Traffic-Officer John Graham, on point duty at the corner of Pitt Street and Karangapahe Road, estimated the lorry’s speed at from 10 to 15 m.p.h. In testing the Chinese driver immediately after the accident, witness found him competent and also that the lorry brakes were in good order. An eye-witness, John S. MacCorihack, said the young woman and her escort had their heads down and were keeping a poor lookout. The young woman ran forward and her fiance tried to pull her back, he said. The lorry driver applied both hand and foot brakes, in witness’s opinion. A bus driver, Sydney Bastings, described the lorry’s speed just before the accident as reasonable. The young woman and her escort separated on seeing the lorry. Under cross-examination witness recalled that he had given evidence against Wong Chee when defendant was prosecuted in October for a breach of the motor regulations. He was sharply questioned concerning the statement given to counsel a week ago, part of which he could not remember.

Wong Chee, the lorry-driver, gave his evidence through an interpreter. He said there were several vehicles in front of his lorry, coming down Karangahape Road. Reaching the Pitt Street corner, he was compelled to stop to allow Karangahape Road traffic to proceed. On being signalled, witness turned the corner slowly, keeping well to the centre of the road because several people were waiting at the hotel corner to cross the road. STOPPED IMMEDIATELY

He first sighted the young woman and her escort when the lorry was right on them, and the pair hesitated and tried to cross the road. He applied his brakes and pulled the lorry up immediately. Mr. Singer questioned Wong Chee on the alleged admission that the accident was his fault, but the Chinese denied making such statements. He could not speak English, he told the Court, through the interpreter. (Proceeding.)