In the High Court, Dublin Castle, to-day, before Mr. Justice Hannan and a jury, an action was heard in which Bridget Kearns, Lily .Kearns, Mary Kearns_, and Michael Kearns, of 1 St. John’s Terrace, Kimrnage, Dublin, sought damages against Messrs. Siemens Banunion Gesellschaft Mit Beschraukter Haftung Kommandtitges 11-schaft (Messrs. Siemens Schuckert), having registered offices at Berlin, Germany, and having a place of business at Strand St., Limerick, builders and engineers, at present carrying out the construction of the Shannon scheme.

The plaintiffs are joint proprietors of of a dairy business, and. according to their statement of claim, Bridget arid Lily Kearns were driving a milk gig along the Crumlin Road when the defendants by their servants and agents drove a motor car in a negligent manner, with the result that it collided with the milk gig, causing Bridget Kearns and her sister Lily to be

THROWN VIOLENTLY

to the ground, injuring the plaintiffs, and also damaging the gig and harness.

The plaintiffs claim £400 damages.

The defendants denied the alleged negliegnec in the driving of the motor car or that the plaintiffs suffered any injuries on the occasion. They alleged in their defence that there was contributory negligence on the part of the plaintiffs. th Mr. Michael Comyn, K.C., with whom was Mr. Black (instructed by Messrs. Joyce and Joyce), detailing the circumstances of the case, said on the morning of Feb. 15, the plaintiffs were driving along the road in the direction of their own home when the defendants travelling in a powerful car and at a high speed crashed into them.

The plaintiff saw the motor-car some distance from them, and when it arrived within easy reach of the gig it turned a semi-circle and crashed into the cart. When Tishy Kearns saw the motor travelling at a rapid speed and partly on its wrong side within a few yards of their cart she shouted to her sister*

” Oh, Bridget, we’re done.” She was’ thrown out of the cart on to the horses’ back. Bridget, he was driving the horse, was thrown in the air. turned

A COMPLETE SOMERSAULT,

and struck against the ground with great force. She’ was removed t  hospital in the defendant’s car” in an unconscious condition and had been under medical treatment for several months. She .was still under the care of the doctor. Mr. Geoghegan, K.C. and Mr. Marnan (instructed by Arthur Cox and Co.) appeared for the defendants. Lily Kearns said that there were a number of cars on the road on the morning of the accident. She saw the motor car coming towards them, and it suddenly turned a semi-circle, and crashed into their gig. When witness saw the motor car come straight for them she shouted, ” My God, Bridget, we’re done.”

“The motor car struck against us with great force,” continued witness. ” My sister, Bridget, was thrown up in the air, and came with great force against the road. I was thrown on to the horse’s back, and was badly injured along the right side. My arm is still swollen, and I am under the care of the doctor. My sister was confined to bed for three months, and is at present under medical treatment. Extra men had to be employed to do the work which was previously done by her sister.

Replying to Mr. Geoghegan, witness said that some buildings were in course of construction

NEAR THE PLACE

where the accident occurred the road w.is muddy in consequence of the heavy rains.

Miss Bridget Kearns corroborated. She was still under the care of the doctor, and was unable to carry on her business. She could not carry out, her duty in delivering miiK, as she could not not into the milk cart owing to her nerves. She had to employ a man to do her work, and paid him £1 a week, as well as his board. This man was stiill in her employment.

To Geoghegan, witness said she was nor “at the least excited when she saw the motor car approaching, and she was used to meeting cars on the road. It would not be right to say that she stood up in the car.

Senator Farren, who witnessed the accident, said he saw the motor car swerve around, drive* up on the footpath, and strike the gig. One of the occupants was thown out on the road. Witness assisted in bringing the two girls to hospital, and one of them was detained. The milk enr was about a foot from the path, and on its upper side  of the road at the time of the accident. The horse was travelling at “a very slow pace, but the

ROADS WERE GREASY.

The impact caused Bridget Kearns to be thrown right out of the car over the wheel, “witness did not notice the other things falling from the car.

Michael Byrne, coachbuilder, estimated the cost of repairs to the milk gig at .£38

Dr. Crimmins gave evidence of the nature of the ‘nature of the injuries received by Bridget Kearns. She was unable to lieon her back ‘for six weeks, and alter that, she complained of pains. After two months she improved. After the accident she suffered from a blood tumour several inches Jong in the lower part of the hip under the skin. A blood vessel or vein must have burnt to cause that. She suffered also from other injuries, and it would take some weeks before she would recover. Surgeon Kennedy said when he exainined Bridget Kearns she complained of

PAINS IN THE BACK

as well as soreness and stiffness in the joints. There was bruises on the baki Mr. Justice Hanna—Do you think if she went to Greystones for a month after this action that she would bo able to get into the milk cart? (laughter).
Witness—I do, my lord. A couple of dips down there would soon take the stiffness away (laughter).

Mr. Geoghegan, addressing the jury for the defence, denied negligence of any sort. Nothing that his clients could do on the occasion could have avoided the accident, which was inevitable owing to the state of the road.

Mr Heinke, manager of the Shannon Works Limerick, said he was driving a Protos car at a speed of seventeen or eighteen miles per hour. Leaving the city he had to take the center of the road to pass a sand car. When he got to the center of the road which was newly asphalted, he suddenly found the car turning around and the back wing struck the plantiff’s cart.
In cross-examination, he said that he had an appointed in Dublin to witness the erection the at of a [unreadable] pole in Dublin unde the Shannone [unreadable] but he was not in an immediate hurry as he had three hours to keep the appointment.