DAMAGES CLAIM

Wairarapa Times-Age, 16 August 1938, Page 6

DAMAGES CLAIM

OUTCOME OF MOTOR ACCIDENT IN CANTERBURY (By Telegraph—Press Association.) CHRISTCHURCH, This Day. The hearing commenced in the Supreme Court today of a claim brought by Thomas Edward Ward, of Sumner, seaman, against Edythe Genista Kempthorne, married, for £3334 damages, plaintiff alleging that he was injured in a collision between the motor-cycle he was riding and a motor-car - owned by Mrs Kempthorne and driven by her authorised agent. The accident took place on the Evans Pass Road, between Sumner and Lyttelton. Plaintiff alleged negligence, in that Harold Kempthorne had either stopped or was driving the car slowly, on the incorrect side of the road, that he was not showing proper illumination from his lamps, and that he failed to steer clear of plaintiff’s motor-cycle, or to give due warning of his approach and position on the highway. It was stated that the injuries received by plaintiff resulted in permanent partial disablement, including permanent deafness of the left ear, partial deafness of the right ear and partial blindness of the right eye. The defence was a complete denial of a collision.

Counsel for the defence, Mr C. S. Thomas, said it was admitted that the car was on the road about the time of the accident, but the collision was denied.. ■ ■

Mr R. A. Young, for plaintiff, said it was not suggested that it was a “straightout hit and run” case, the evidence of other witnesses showing that the car was making such a noise that the driver might not be aware of the collision. Projections on the motorcycle fitted exactly into marks on the car.