MOTOR COLLISION

Ashburton Guardian, Volume 48, Issue 85, 20 January 1928, Page 5

MOTOR COLLISION

SEQUEL, m GOURT. CLAiM FOR DAMAGES HEARD. FAIRFIELD ROAD ACCIDENT. / Arising out of a collision on the Fairfield Poad on the night of August 27, in which two motor cars were badlydamaged, D. G- Smith proceeded against W. Lundy, James Tait. and David Larkin, claiming from each alternately the sum of £135 4d, alleging negligence on the part of the. defendants. . . . Mr R. Twyneham appeared for plaintiff, and Mr R. A. Cuthbert appeared for the defendants. i ■' Mr Cuthbert said he was instructed by Larkin that* he was the driver of the car, and admitted negligence. The question was to what e'xtent he was , : liable for damages. Lundy was not in , the car, but Tait was, both de.aymg liability. Mr Twyneham asked leave to add i;he following' items to the statement of claim: —Taxi hire £l, chemist's account £l, and hire of car for four weeks £10; a total of £l2, making the grand claim £147 10s 4d. ■ .■■ / ' The items were admitted by the Court. . Mr Twyneham submitted legal argument, quoting the case of the Mayor or .' Timaru v. Squire, in which the owner.a daughter had: driven a car, and come into 0 collision with another car. The Court had held that the daughter was . naole as an agent of the father, on the ground that the .passenger, who was carried by this daughter as her own. guest, was also a guest of the father in his house In the present case there was a similar circumstance, Tait being liable, as he had borrowed the ear . . from Lundy, though he had allowed. Larkin to drive it. ,'■,.■, a ' In the box plaintiff gave details- or ■,..-.; the damage sustained by his Chevrolet , \ car through the impact. . To Mr Cuthbert: Witness had had ■ his car for nine months. It was j new when he bought it. He traded another car, for wnich he was given £9O, the price of the new car being £2H. His car was returned/.tot him about four weelis after the accident. . Constable A. C. White said he visited the scene of the' damage, and interviewed Larkin and Tait. They made . statements, in which they alleged that plaintiff's car was travelling much mster than the one.they were travelUna in. Larkin said the collision oc- - ciirred through the failure of the. approaching car to dim its headlights. Mr Cuthbert outlined his case submitting that the ear was loaned to . Lundy, and that the owner of the car was therefore not liable for damages. Tait was only a passenger in-the car, - and was, consequently, not liable, tor .J trie accident. .- : ,'■■:■' William Lundy, one of the defendants, and owner of the car, said he . loaned his car to Larkin who wanted to tend his stock at his home .at Fairfield. Larkin asked Tait to go_with him. They were to go there and return immediately Ins work \was completed. Tait was driving when the caj ■■ left Ashburton, but witness did not know how it was that he came to be m, : the position. , The car was not lent to Tait. . . . : To Mr Twyneham: Larkm wa«_re-. lated to juatness by marriage. He Knew Tait had a driver's license and that Larkin had not, but'he did not think it would be the proper thing to lend the car to Tait, instead ■. of to ,Larkin. He could not explain why it was that he (witness)-did not- accompany the other two men. The purpose of the drive to Fairton in the morning was not to get Larkin. whom they met on the road. He admitted that a Judgment against Larkin Avould be a valuless one, as Larkin was not means, whereas Tait was. The three of them went together to see their counsel, but there was nothing extraordinary in- 1 that. ,' ' ' , David Larkin, the second defendant, said he asked Lundy to drive him into Ashburtqn. He corroborated the evidence given by ..the previous witness regarding the lending of the car. He asked Tait to drive the car, as witness ... was making a cigarette when they left Ashburton. Continuing, witness said he started to drive back' to Ashburton about 6 p.m., and it. was then the accident occurred, witness being in charge at the time' of the collision. ~ \ To Mr Twyneham: Witness had not borrowed the car from Lundy prior to this date. The rolling of a cigarette would take about half a minute, but he asked Tait to drive.

(Proceeding)