A District Court Case.

Taranaki Daily News, Volume XLVII, Issue 7824, 17 May 1905, Page 3

A District Court Case.

~ CLAIM FOR £IOO DAMAGES. BALDOCK v. BAKER. At the District Court, New Plymouth, on Tuesday, the case was , heard in which Ada Itaklock sued "■ James Were Baker for £IOO danv ages, in connection with n vehicle accident in Devon Street, alleged to have been caused by dclendant:s ncgligence. Mr Justice Haaehien presided. The following jury was impanelled ':—Me» srs Edward Snowball (Foreman). Barrett Honeyfleld, Wm. Roberts, ami Chas. Tunbridge. Mr Wright appeared for plaintiff, and Mr T. S. Weston for defendant Mr Wright, having briefly outline. the case, particulars of wbclx were elicited in the Lower Court, cnlle; Dr. Wylie, who deposed that oi October 1 the plaintiff was admitted to the New Plymouth Hospital sui lering from a fracture at the bast, o the skull, concussion of the brain and fracture of the collar bone. 'i'lu best surgical opinion went lo " shov that in 70 per cent, of such cisu ! after effects were manifested, soim ' slight and some serious. In some instances these symptoms recurred at as long a period as five or six years afterwards. In witness' opinion* judging by plaintiff's condition when he saw her last, she would not be accepted by an insurance company for _perhaps three years, and then only "at a higher premium. Dr. Walker corroborated the previous witness' evidence as to the liability in these cases, of after effects being manifested. -■ Mr Weston argued the point oi jurisdiction at considerable length, saying that; file case must be ruled out ci Court. Mr Wright having replied, His Honour over-ruled the objection. The plaintiff, Ada Baldock, gave evidence that since her recovery she . had not been out to work, and at times now when she was required at home to do work in a stooping position she suffered from pains in the head. When in Greeuaway's employ she was receiving 9s a week and found. Christopher Grecnaway said that when defendant passed him to turn round the corner, some portion of the trap caught witness' horse's headstall, dragged it off, and pulled the reins out of his hand. A bolt followed, plaintiff being injured in the manner stated. John Barnes Martin corroborated Groenaway's version of the affair, adding that after carrying off the headgear from the former's horse Baker drove on without stopping. Witness thought defendant must hav« noticed the occurrence. Several others gave evidence as to tbe accident. James Were Baker, defendant, stated that he passed Grecnaway before fire latter started to move off from the shop. Witness slackened up towards the crossing, and took a wide sweep to turn into Eliot Street. No part- of witness' trap struck Greeuaway's horse. Vntil the boy 'called witness' attention to the blinker* and reins hanging on behind he had no idea there had been aii accident. Witness attributed the presence of the wickers to the fact that Greenaway catching up, the horse put its head over the tailboard, where the head-stall got caught; Mary E. Webster and Michael Maheralso gave evidence. Mr Weston having addressed the jury at some length, the Court at 5.45 p.m. adjourned to 7 o'clock, when.Mr Wright went on with his address for the plaintiff.His Honour; in summing up, put the following issues to the jury : , (1) Was the accident which caused the injur}' to the plaintiff the result of negligence on the part of the defendant. (2) What damages, if any, is the plaintiff entitled to ? After an hour's retirement the jury returned, finding negligence on the part of the defendant, and assessing < damages at £3O. Mr Wright applied for costs on the District Court scale, which Mr Weston . opposed, as the judgment was under £SO, and the case should have been decided in the Lower Court. . His Honour remarked that he strongly felt the case was one for a , jury. Ho was inclined to think he would have found bimsulf in the same difficulty as the. Magistrate in tho Lower Court if be had had to decide the case. District Court costs were . allowed, lo be assessed by the Clerk of the Court. i