FARMER'S CLAIM.

Auckland Star, Volume LXVI, Issue 269, 13 November 1935, Page 8

FARMER'S CLAIM.

INJURY TO WRIST.

ACTION FOR £1634 DAMAGES

COLLISION WITH LORRIES. The hearing of a claim for £134 5/ special damages and £1500 general damages, brought by Sydney Francis Boyd, of Bucklaiul, farmer, against Percy H. Lapwood, carrier, Eddie Lapwood, motor driver, and Sydney Lapwood, motor driver, all of Tuakau, was commenced before Mr. Justice Callan and a jury at the Supreme Court this morning. Mr. Coates appeared for phiintilT, and Mr. Holmden for the defci); danta. Plaintiff alleged negf.gence ..on the part of the defendants, an allegation' that was denied by tlie, defeiuie. •In outlining plaintiff's ' case, Mr. Coates said, that on Sunday, November IS, 1934, Boyd was invited by Charles Latham" to go for.a trip in the hitter's van to Waikuto Heads. When proceeding along the Waikato River Road, whicli was yery''winding, they came to the bend where; tWe' accident .«%pp#ied. The van at no time Was travelling at more than 20 miles per hour, and at the bend /where the, accident occurred there .was it,bank Oft .to Sft'higll.' oii the left side. Oil the top of the batik,fern, teatree and scrub were growing, and this precluded anyone from seeing round the bend on approaching it. , Proceeding round the bend, the driver of the van, Latham, was suddenly, confronted by two stationary motor lorries, occupying the whole width of the road, and a collision couid not be averted. Boyd received certain injuries, the most serious being a wrist injury. "Had the van in which Boyd was a passenger been travelling fast it would have been smashed to matchwood, and possibly the occupants killed," said Mr. Coates. Because of injuries received, Boyd, a farmer,- had not -been able to work for six moiiths. For "three month", lie had received treatment daily, "and for one month treatment every seccnd day. The injury to Bdyct's' left wris .had permanently hindered his capacity in the performance of his.usual faVming work.. . . j Plaintiff's Injuries. : Plaintiff gave evidence on the lines of his Counsel's opening, He said that the lorries were standing on the road facing in opp9site directions, and Latham had no chance of avoiding colliding with them, as they were pulled up too close to the bend. As a result of the injuries lie was unable to close his left hand, could not perform to the full the farm duties he had previously been able to do, and had" had to employ labour. His nerves had also been affected as the result of the accident. Cross-examined by Mr. Holmden, plaintiff said that just prior to seeing the two parked lorries he saw someone on the roadside waving what appeared to be a stick. The person would then be about 80ft away from the van in which plaintiff was a passenger. Neither he nor Latham, the driver, took ■ any notice, but had discussed the incident after the accident, when they each said they thought the man wanted a pickup. Measurements had since been taken at the scene of the accident. When the man waving, the stick moved out of the way, the van would be about 30ft or 40ft from him. When witness first saw the lorries he was 42ft away. He did not think Latham sounded the horn as he approached the bend. Charles Latham, poultry farmer at Buckland, driver of the van, said he had never been on' the road where the accident happened before, and was driving very carefully; He had driven on the road many times since. Describing the accident, witness said when he rounded the bend he saw the two motor lorries standing on the road, a motor cycle on the side of the road, and some Maoris. Witness applied his brakes and pulled up, but not before his van had struck the rear of the inside lorry. The radiator of the van was damaged, and the windscreen broken. Witness said to- the lorry drivers that they might have given him warning they had had an accident, one of them said they had posted some Maoris. Witness thought the Maori he saw waving a stick just before reaching the bend wanted a pickup. As soon as he saw the two lorries on the road lie applied both foot and liarid brakes," The hearing is proceeding.