Jobling J:

After giving the facts as stated in the Head Notes and reviewing the evidence his Lordship concluded: "I find therefore that the cause of injury to the Plaintiff was first , the negligent act of PC 7789 in rounding a bend in the road at a speed which deprived him of proper control of his vehicle and secondly, the negligent act of the Third Party in driving his motor car partly on the wrong side of the road at a bend therein. I find that it was the coincidence of these two negligent acts that resulted in injury to the Plaintiff and that both the Defendant and the Third Party are equally responsible for it.

"The special damages incurred have been agreed at $1,312 and there is only the question of general damages to be decided.

"The Plaintiff suffered a fracture of the right leg and wrist and it was not until 1 October 1948, a period of 5'bd months, that he was able to resume his studies at school.He has suffered considerable pain and discomfort over a long period and that pain has not yet entirely disappeared.The medical evidence shows that plaintiff has completely recovered except for occasional pain and a slight limitation of the dorisflection of the right foot and that the former will disappear but the latter will probably be permanent.

"The grounds for general damages are, therefore, the pain and discomfort suffered, the loss of 5'bd months schooling and the slight permanent disability.After consideration of these matters and taking into account Plaintiff's youth and circumstances I award $1,125 as general damages.

Judgment will, therefore, be entered for the Plaintiff for $1,312 special damages and $1,25 general damages and cost against the Defendant and for the Defendant against the Third Party of half those costs with half such costs as are attributable to the Third Party proceedings.

Judgment Accordingly.