ON WRONG SIDE.

Auckland Star, Volume LXII, Issue 88, 15 April 1931, Page 9

ON WRONG SIDE.

CAR COLLIDES WITH BUS. CLAIM FOR DAMAGES SUCCEEDS. A claim arising out of a collision which occurred 011 the Auckland-Helens-ville Road between a service bus and a motor car owned by Alfred Hugh Kerr had its sequel yesterday in the Magistrate's Court, when the owner of the bus, W. D. Hume, claimed from A. H. Kerr the sum of £60 1/2 for damages to the bus. The defendant Kerr counterclaimed damages to the extent of £200. Mr. Allan Moody appeared for plaintiff, and Mr. E. J. Prendergast for defendant. ' ■ Mr. Moody said the accident took place about 10.30 a.m. on April 30, 1930. It was alleged by plaintiff that the service bus was'being..driven ,from. Helens- ! ville to Auckland, and that when the driver of the bus turned a bend a motor ear was approaching on the wrong side of the road. The driver of the bus kept as far as possible to his proper side, but the motor Kept on its wrong side. The bus driver applied his brakes, but could not avoid an accident, with the result that the motor car ran into the bus. The driver of the car was injured, and considerable damVge was done to his car. After the accident the driver of the bus asked the other driver what went wrong. He said: "I never saw you until you were right on top of me. I don't know what came oyer me." Evidence was given by witnesses in support of counsel's statement. Mr. Prendergast, in opening for the defence, contended that the bus was on its wrong side of the road, and that the bus alone was responsible for the accident. There would be a Conflict of evidence, and counsel led evidence in support of defendant's statement. | The case occupied the whole of yesterday. Mr. W. R. McKean, S.M., held that the defendant was the responsible party, and gave judgment for the full amount of the claim, plus costs £23 14/. The counter-claim by the defendant was dismissed. >