£4000 CLAIM.

Auckland Star, Volume LXVI, Issue 185, 7 August 1935, Page 8

£4000 CLAIM.

WIDOW'S ACTION.

CASE FOR THE DEFENCE.

PEDESTRIAN NEGIJGENT ?

Evidence by the defendant was given before Mr. Justice Fair and a jury in the Supreme Court to-day, in the action in which Gertrude May Kernohan claims £4000 damages for tho loss of her husband in a motor accident at Whangarei.

Tho plaintiff, represented by Mr. Trimmer and Mr. A. K. Turner, is the widow of Robert John Kernohan, a surveyor on tho permanent staff of the Public- Works Department. He was knocked down by a motor truck in Bank Street, Whangarei, about 8 o'clock on tho evening of March 2, and died from injuries later.

The defendant is Percy C. Taylor, merchant, of Waipu, for whom Mr. R. N. Moody and Mr. Allan J. Moody appear. "At tho time of the accident tho truck was being driven by defendant's employee, Duncan McLennan. It is alleged by plaintiff that various acts of negligence caused the accident, and that the light and brakes of the truck were defective. Negligence is denied by tho defendant, who alleges that the accident was caused by Kernohan's own negligence in stepping out from the footpath without looking.

Brakes Practically Useless. A transport licensing officer, Duncan Shanklaml, who tested defendant's truck, said the hand-brake was practically useless. Travelling at 15 miles an hour the truck, when the footbrake was applied, covered more than ii chain before it stopped. Witness said he suggested it might l>o necessary to give the brake a second pump before it would act properly. When that was done the, truck was stopped in 15.5ft —a very good result. It was found that the brake lininprs had been worn very thin. He concluded that the brakes were very poor. The lamps were quite out of order, and the, filaments appeared to have been burnt out. If two lights were burning at the time of the accident they could have been only from the parking lights.

Two witnesses, Henry John Langlands, an engineer in the Public Works Department at Whangarei, and Ormond Dunnett, a clerk, gave evidence that they saw defendant Taylor drunk in a Whangarei hotel on the afternoon of the accident.

A non-suit on the ground that there was no evidence of negligence fit to go to a jury was applied for by Mr. R. N. Moody, but his Honor paid he must decline to withdraw the case from the jury.

In opening the case for the defence, Mr. Allan Moody said the death of Kernohan was caused entirely by his own failure to keep a proper look-out. Hβ stepped out from the footpath so close in front of the truck that a collision was inevitable.

Evidence that Taylor helped to keep the crowd back after the accident was given by Dr. S. 11. Ward, of Whangarei, who also said that from all appearances Tavlor was sober.

Taylor, the defendant, giving evidence, said he left the home of McLennan in the truck about an hour before the accident. They went to a hotel to look for a pair of glasses he had mislaid, but he could not find them. He did not have a drink. McLennan was driving him to his son-in-law's place when the accident happened. 'Hie truck was travelling between 15 and lfi miles an hour.

'"I noticed a pedestrian coining towards us with his head down," continued defendant. "He appeared to be holding with his hand a pipe that was between his teeth. The man did not look, but turned at an acute angle in front of the truck. I told McLennan to look out. He applied the brakes and swerved to the right, but the man hit the bumper and rolled over the side. We turned the truck into Cross Street and turned the lights to dim. The accident happened through the man not lifting his head and looking. I showed McLennan the peculiarity of the brake and told him it was necessary to pump it. I had perhaps five beers on the day of the accident."

Under cross-examination, witness said he had been in a hotel from about one o'clock to four o'clock on the afternoon of March 2. He had had the truck for six years and it registered 41,000 miles.

The driver of the truck at the time of the accident, Duncan McLennan, in describing the accident, said he had done everything possible to avoid an accident. When he first saw the man he was very close. He applied the brakes and swerved to the right. After the man had been struck he pulled the truck up in about a length. He then took the truck round the corner, because it was an obstruction on the road. (Proceeding.)