CLAIM FOR DAMAGES.

Auckland Star, Volume LVII, Issue 251, 22 October 1926, Page 11

CLAIM FOR DAMAGES.

AGAINST POWER BOARD.

SEQUEL TO COLLISION.

MOTOR AND TAR BOHJ3R.

John R. Oxford (Mr. Ward), a Civil servant, in the Magistrate's Court before Mr. E. C. Cutten, S.M., this morning claimed; damages amounting to £157 10/ from the Auckland Electric Power Board (Mr. Rogerso'n).

The plaintiff claimed that, on March II last, the board negligently and carelessly left a tar mixer on Beach Road unlighted. - About 1 a.m. plaintiff was a passenger in a motor car which collided ■ with the unlighted tar boiler. Plaintiff received injuries consisting of a broken knee cap and .severe abrasions.

In evidence, the plaintiff said he had been away from work for three months ac * result of the accident. He had previously passed. the obstruction three times during the day. On this occasion.the tar boiler was not seen until the accident occurred.

Mr. Rogerson: Can you swear that the tar boiler had no light on it, as you did not-sec it until you struck it? —Yes,-., I can.-

Charles °Alfred Porter said he was driv-ing''with-one wheel inside the tram rails and'one wheel outside. He was forced to move over to the left to allow another car to pass- The first thing he knew was that'lie'struck the tar boiler. Witness'had four .ribs broken and his head cut open.

Cross-examined, witness said that he thought that, had he had his headlights bright, he would have seen the tar mixer His; car was■ a light one and he was travelling at a speed of about twenty miles per hour. Witness saw the lights on the excavation near by.

' Other evidence was called to show that'there' was no light'on the boiler immediately after the accident. One witness tied a.light on it in order to prevent anyone else colliding with it. Another witness stated that he found some pieces of ; red glass near the tar boiler. The* defence was that, when the job in Beach Road was'left on March 10, the whole of the excavation and the tar boiler was enclosed in a rope enclosure, and both the excavation and the boiler a were well lighted, there, being white lights on the' excavation and a red light on the boiler. The following morning the white lamps between the boiler, and ..Queen Street were lying- on the ground, blackened and burnt out. The red lamp was lying broken on the ground. . -The. defence submitted that, these precautions having been taken, the board wae not liable. It was further submitted that* the accident was caused in fact by. the negligence of the driver of the car.