LIABILITY OF MOTORISTS.

Gisborne Times, Volume XXVII, Issue 2651, 5 November 1909, Page 5

LIABILITY OF MOTORISTS.

A JUDGMENT FOR £SO DAMAGES

fPick Piiichh Association.! WELLINGTON, Nov. 4. Judgment was delivered by Mr. W. G. Riddell, S.M., to-day in a case in which John Vare (Mr. Dix) claimed from Thos. Inglis (Mr. Von liaast) £75 damages for injuries received through being knocked down, by the defendant’s motor car, driven by a servant of de-' fendant, in Kent Terrace, on June 18th last. His Worship found that the accident was the result of an involuntary act, on the claimant’s part in stepping backwards when he suddenly became, aware of the approach of the car, whilst his failure to locate the car before he left the pavement constituted an act of negligence which caused the accident, but it had been established (Ladely v. London and North-western Railway) that though a plaintiff may have been guilty of negligence, and through such negligence may have in fact contributed to the accident, .yet if the defendant could by the exercise of ordinary care and diligence have avoided mischief which happened, the plaintiff’s negligence would not excuse him. His Worship considered the defendant’s driver had acted negligently in not keeping nearer the 'left side of the street, and without continuously sounding his horn on approaching so closely, or stopping when he saw that the plaintiff was clearly unaware of the car’s proximity. Defendant must be • held liable ( for the neglect of his servant, hut on the medical evidence His Worship thought the amount of the claim should be reduced to £SO. He gave judgment accordingly, with costs.