Cudgegong Valley History Project

£2,000 Damages for Young Kandos Man A young Kandos man was awarded £2,000 damages in the District Court, Mudgee, last Thursday, as compensation for injuries received in a motor accident and resulting loss of wages. He was Mr. Alan Charles Grabham, of 1 Crown Street, Kandos. The verdict was given against Mr. Adam Scott McBeth, of Cox Street, Rylstone. In evidence, plaintiff stated that when he had been driving along the Kandos-Rylstone road on Monday, May 26 last, defendant had suddenly turned out of Coomber Street, Rylstone, and had come into collision with him. Both cars had been extensively damaged, and both he and the defendant had suffered considerable injuries. In giving judgement, Judge Cameron Smith said he found Mr. McBeth had either taken a risk driving out into the road as he did, or had not kept a proper look-out when doing so. A stay of proceedings was granted for 21 days. His honour dismissed a counter-claim for £5,000 by Mr. McBeth against Mr. Grabham, finding in this case a verdict for the defendant. Mr. J. K. W. Cowie, instructed by Mr. W. H. Fraser appeared for Mr. Grabham, and Mr. W. P. Deane instructed by Mr. W. B. Donnelly for Mr. McBeth. Mudgee Guardian, Saturday 11 October 1958, p. 7. Compensation Alan Charles Grabham

Rylstone-Kandos News £970 Awarded to Rylstone Couple A Rylstone man and his wife were awarded £970 compensation by Judge Amsberg in the District Court on Monday afternoon. Both were involved in a collision on the Cudgegong Road on February 22, 1962 and brought action against the driver of the other vehicle. The couple are Allan Charles Grabham and Elaine Lily Grabham, of the Globe Hotel Rylstone, who alleged negligence against the driver of the other car involved in the collision. Father John McMahon, of Kandos. Judge Amsberg, after bearing evidence, awarded Mrs. Grabham £89 for loss of wages, out of pocket expenses and compensation and awarded her husband £71 for similar reasons. The court was told that Mrs. Grabham had sustained a scar on her forehead from the accident and suffered from headaches and pain as a result of the scar. It was also pointed out that Mr. Grabham had incurred £31 in loss of wages and out of pocket expenses and suffered minor injuries as a result of the accident. Awarding the damages to Mr. and Mrs. Grabham, Judge Amsberg held that Father McMahon had 'panicked a little' and applied the brakes on his vehicle with too greater force, causing it to skid into Grabham's vehicle. He said that the accident had happened on a 'worse than average' country road and near the crest of a hill. Father McMahon told the court he had been dazzled by the lights of Grabham's vehicle and had applied the brakes as he came over the crest of the hill. After a question by Judge Amsberg, Father McMahon said he had applied the brakes with 'considerable force.' Mr. P. Capelin, instructed by W. B. Donnelly for Mr. and Mrs. Grabham, said that the collision occurred six inches to a foot on Father McMahon's incorrect side of the road. The two offside front headlights of the vehicles collided, Mr. Capelin told the court. Grabham told the court that at the time of the accident he was living at the Cudgegong River Hotel and was returning home with his wife when the accident occurred, four miles from Cudgegong. He said he had seen the approaching car and applied the brakes on his vehicle. Grabham said he lost 10 days work as a result of the accident with injured ribs. Sgt. F. K. Howard, of Toronto and formerly of Kandos Police, told the court that the point of collision was 6 inches on Father McMahon's incorrect side of the road. Elaine Lily Grabham said she had spent five days in hospital as a result of the collision. She said she suffered a scar over the right eye and 'dreadful' pain. Since the accident she had experienced 'a lot of headaches' she said. Dr. C. J. Jennings, of Mudgee, detailed Mrs. Grabham's injuries including two broken teeth and the three inch scar. Father McMahon, of the Kandos Presbytery, gave evidence of the collision and admitted applying the vehicle's brakes with some force. Mr. Capelin told Judge Amsberg that Mrs. Grabham had suffered 'a great deal in silence.' The Judge replied that if this was so she should have sought medical advice for the headaches, which was not the case according to the evidence. Awarding the verdict to the plaintiffs the Judge said that Mrs. Grabham had sustained a 'thin white scar across her forehead which is not very noticeable.' However he said that some pain was evident and there were outward signs of the accident. Mr. E. T. ?, instructed by Mr. Sharp, appeared for Father McMahon. Mudgee Guardian Monday 31 August 1964, p. 6. Compensation Case Allan & Elaine Grabham.