BIG SUM CLAIMED

Manawatu Standard, Volume LVII, Issue 201, 26 July 1937, Page 8

BIG SUM CLAIMED

SEQUEL TO ACCIDENT. ELDERLY WOMAN AS PLAINTIFF Damages totalling £2755 Os 9d were claimed in an action heard to-day by His Honour the Chief Justice, Sir Michael Myers, and a jury of 12 m the Supreme Court. The case was the outcome of an incident in the Square on September 10, 1936, in which a woman, 72 years of age, a pedestrian, was involved in a collision with a motor vehicle. Originally the case was placed before the Court with claims made by plaintiff’s husband as well, the total then being £3165. lhe claims were separated, however, tor the purposes of to-day’s hearing, t Mrs Elizabeth Crowther, of Wellington, wife of Daniel Crowther, an attendant, was plaintiff, and defendants Were Leicester George Harris, of Dannevirke, service car proprietor; Roy Mervyn Blackford, of Dannevirke, a driver; and Mrs Grace Marion Harris, of Dannevirke, wife of Leicester George Harris, and the registered \ owner of the car. Mr 0. C. Mazenl garb (Wellington), with him Mr L. G. H. Sinclair, appeared for plaintiff, and Mr lan Macarthur (Wellington)

i for defendants. ' . ' , i The statement of claim set out that at about 10.35 a.m., on September 10, 1936, plaintiff was crossing Mam Street, from the direction of the gardens towards the Post Office. At same time defendant Blackforc, w in the employ of either or both of the other defendants, and acting in the scone of his employment, was driving a motor-car (of which Mrs Hamswas tho registered owner) along Street towards, the Square from Te - race End. It was alleged that the driver so negligently and managed and controlled the car that ho ran into the plaintiff , and caused her to suffer grave injuries. As a Jesuit plaintiff sustained severe miuries to her head and brain for which she had to receive hospital and medical treatment and had to nndcrgo a senous operation. Since the accident si been totally disabled and vronld remain permanently so. She had endured and still endured lnuph.-painj had lostthe enjoyment of life and the prospect of a happy and comfortable old age. One shoulder was stiff .and her left hand almost useless, while she had become generally enfeebled and unable to move about without an attendant. Plaintiff therefor claimed by way of special damages the following sums: Hospital account, £4B 13s 7<l; medical fees, £/8 9s; X-ray fees £5 l os 6d; THi r sin| attention from January 27, 1937, 10s; medicines, £lB 12s 8d; special fares, £9, making a total of £255 0s 9d special dafuages. General damages claimed were shown as £2500. The statement of defence admitted the collision and that tho car was driven by Blackford, the registered owner being Mrs Harris. All allegations of negligence were denied, and as a result any liability also denied. For a second defence, it was alleged that Mrs Crowther failod to exercise due care and attention and failed to keep a proper look-out. For a third defence, contributory negligence was alleged, if any. negligence was proved against the driver of the car. The following jury were empanelled: Messrs W. Harris (foreman), T. A. Bennett, R. S. Hart, F. E. Coutts, W. A. Poole, C. Powell, A. E. Lowe, J. McShane, R. A. McCulloch, K. E. Moody, C. R. King and T. Doherty. THE EVIDENCE.

Evidence given by plaintiff, then in her bed in Wellington, that she was crossing from the railway lines next the gardens to the Post Office, was read. She did not see the car which collided with her; neither did she hear it or hear any warning of its approach. . W. James, nephew of plaintiff, said plaintiff had left his car when it was on the southern side of the railway line and not far from the line. Plaintiff walked along the footpath, crossed to a point four yards beyond the railway line, and then walked squarely across the road toward the Post Office. A car came from Main Street and knocked her down. Witness ran to the scene and the driver of the car said to witness: “I never saw the lady. 1 was looking at two cars coming in the opposite direction.” Mrs Mary Phelan, of College Street, gave evidenoe that she was standing under the verandah of a shop and watched plaintiff cross to the Post Office. Plaintiff seemed to be a bit timid. She was watching for traffic. The car was going at a reasonable speed. No horn was sounded. Witness told the driver later: “You could have avoided that accident. The driver said he did not see tho old lady. Plaintiff was near the traffic dome when she was struck. Daniel Crowther, caretaker of the Art Gallery, Wellington, and husband of plaintiff, said plaintiff was healthy and very active before the accident. She did all the -work in the home. Plaintiff was now confined to her bed and required the attention of a tiurse during the daytime. Dr. E. C. Barnett gave evidence as to plaintiff’s condition after the accident and the treatment given her. The Court then adjourned for luncheon.