MOTORIST CLAIMS DAMAGES.

Auckland Star, Volume LVI, Issue 210, 5 September 1925, Page 9

MOTORIST CLAIMS DAMAGES.

COLLISION IN BROADWAY. STRUCK A SAFETY-ZONE. . , Alleging that a collision with a safetyzone in Broadway, Newmarket, on the night of May 19, 1924, was due to hla inability to turn his motor car because the road was left unfinished, with a straight led"c 3in in height, Leonard John Patrick (Mr. Beekerleg) claimed from the Newmarket Borough Council ' and the Auckland City Council £13.7 damages in respect of injuries to his car. The case was resumed in tlie 1 Supreme Court yesterday afternoon, lie- ! fore- Mr. Justice Alpers. The Newmai- > ket Council was represented by Mr. Tong, Mr. Cocker appearing for the City 1 Council. The street was being recori- • structed when tiie accident occurred. ! There was no 3in ledge, as suggested ; by plaintiff, said A. G. Walker, engineutf ■ to tlie Newmarket Borough Council, jn • evidence. A filling of chips, sprayed 1 with bitumen, was placed at llic edge of the concrete, to provide an im-line f<»" i traffic, and not a straight edge. ire ' had inspected the road after tlie accident ' and at no point was the filling inqre > than one inch below the level of (lie ■ concrete. M. Blair, foreman of works, stated i that he had found the filling level with • the bevelled edge of the concrete after the accident. He did not notice any fault requiring attention. Leslie Wake man. formerly assistant engineer, also pave evidence. Thomas Kite, foreman for a carting firm, was certain the ledge was not 3in deep at any point. Two labourers gave evidence, one stating (that after the accident the filling was not more than one inch below the road ( level. E. D. Georsre, formerly permanent-way I onsrincer to the Auckland C : ty Council [said the filling made the road safe Tbe* arrangement was that, the raising of the tram rails be carried out by tho City Council. J The ease will be resumed on Monday.