CLAIM SUCCEEDS

Waikato Times, Volume 122, Issue 20497, 13 May 1938, Page 8

CLAIM SUCCEEDS

WOMAN DRIVER’S BREACH

ROTORUA COLLISION ACTION FIRST DEFENDANT EXONERATED ‘‘We have exonerated the first defendant, Whittaker, from all blame as far as this accident is concerned and the jury is unanimous that the second defendant, Miss Gordon, was guilty of negligence,” was the verdict 'returned in the Supreme Court, Hamilton, yesterday afternoon in the case in which Bessie Ashton, married woman, of Rotorua (Mr M. H. Hampson), claimed £2138 12s for injuries received as a result of a car collision at Rotorua on July 18, 1937. Damages amounting to £638 12s, comprising £l3B 12s special and £SOO general damages, were awarded by the jury, but consideration of the question of costs was deferred. The Chief Justice, Sir Michael Myers, presided, and defendants were Edward Austin Whittaker, commercial traveller, of Auckland (Messrs W. J. King and A• R. Potter), and Kathleen Gordon, nurse, of Wanganui (Mr B. Haggitt). Mr Hampson intimated that he would appeal for a re-trial on the ground that in respect to defendant Whittaker the verdict was against the weight of evidence and was granted a week in which to file his appeal, instead of the statutory four days.