SEQUEL TO COLLISION.

Auckland Star, Volume LIV, Issue 217, 11 September 1923, Page 6

SEQUEL TO COLLISION.

. r CLAIM AXD COUXTER-OLABt The sequel to a collision between a motor ear and a cart engaged in sanitary service in Mount Eden Road at 11.30 on the night of June 27 last wii heard yesterday, when in the Magistrate'i Court, before Mr. J. W. Poynton, S.M. F. G. Lee, a commercial traveller, claimed from J. Burke and Co., Ltd., the sum of £ 122 18/8 general damages. Plaintiff, for whom Mr. Towle an-' peared, alleged that by the negligence of defendant's servants, who, he suggested, left the cart unattended and unlightel in Mount Eden Road, his motor collided with the cart. £o2 was claimed for damage to the car, £50 for loss by dc preciation, or in the alternative *£1_ 18/8 for general damages. Defendants counter-claimed for £53 5/, which included £44 5/ for damage to the cart, and —15 for loss of use'-of the vehicle while it was undergoing repairs. It was alleged by defendants the accident was caused, by reason of plaintiff's negligent driving on the wrong side of the road, and at excessive speed. Mr. Terry, for the defence, alleged contributory negligence, and submitted that in view of the fact that plaintiff's car was the last party in motion, a particular responsibility was attached to him to avoid the cart. Judgment was reserved.