Russian Lady Awarded $1,800 Against Central Garage in Av. Joffre Accident Damages amounting to 31,800, with costs, were last Friday awarded by his Honour Judge Sir Skinner Turner to Mrs. M. Bialokoz, wife of an ex-officer of the Russian navy, in her action against the Central Garage Ca. Plaintiff claimed Tls. 7,500 general damages, and Tls. 295 and $262 special damages, through injuries sustained in being thrown out of a ricsha in Avenue Joffre after a collision with one of defendants' motor- negligence on the part of the driver being alleged.
In giving judgment, his Lordship briefly outlined the circumstances of the ca and said that as the result of injuries received plaintiff had suffered from what was known as traumatic neurosis over since. The negligence alleged against the chauffeur was that he was proceeding too fast, and gave no signal of his intention to pass the ricsha. The ae-fence was a denial of negligence and allegation of contributory tiff and/or the ricsha coolie in.not signalling an intention to cross the road, and generally the damages were in issue His Lordship continued: The plaintiff was- proceeding down Avenue Joffre on the left hand side, followed by her husband in another ricsha and by the motorcar in question. Her destination was a house on the right hand side of the street, and it became necessary for her to cross the road. She must certainly have signalled to the ricsha man to cross, because the coolie pulled across. At that time, the car must have been—endeavouring to pass the two ricsh@s on the outside but, secing the one turning across, the chauffeur applied his brakes. when on the wet roadway ov tram lines, turning the car right round. It skidded, and the back part hit the left side of the back of. the ricsha, overturning it and throwing plaintiff heavily to the ground, with the result that she sustained the injuries dctailed. I have to ascertain the decisive cause of the damage suffered by plaintiff. As T. understand tke law, if this decisive cause is the plaintiff's negligence, then it docs not matter if the defendant is found guilty of negligence. Here the facts show a_ slippery road and a car travelling at such a speed that when the brakes are suddenly applied the car skids, gets out of control and completely turns round. It is a curious accident, but IT am satisfied that the real cause of the collision was the pace of the car under the circumstances. The blow is struck from behind by the overtaking vehicle, and the ricsha was crossing the road at an angle said by Mr. Healey to he about 60. No signal of a desire to pass was made by the chauffeur. I hold the negligence of the car to be proved and to be the decisive cause of the damage done, and I fix the damages at $1,800 and give judgment for plaintiff for that amount, with such costs as may be allowed in an action where plaintiff sues in formd paupers. I trust that the conclusion of the case will lead to a speedy improvement in the plaintiff's condition."
Text read from the printed page and cleaned; old type leaves the occasional error.