LOSS OF WIFE.

Auckland Star, Volume LXVII, Issue 186, 7 August 1936, Page 8

LOSS OF WIFE.

HUSBAND'S CLAIM.

CAR AND LORRY COLLIDE.

NEGLIGENCE ALLEGED. Claiming £1000 damages for the loss of his wife, Frances Mary McLeigh, | whose death followed an accident near Mercer on May 3 last, John McLeigli, of Koliimarama, City Council employee, brought an action against Victor Lewis Slmter, cartage contractor, of Auckland, at the Supreme Court this morning. The action was heard by Mr. Justice Fair, Mr. Sullivan and Mr. Winter appearing for the plaintiff, and Mr. Goldstine for the defendant.

Plaintiff claimed .that the death of his wife was due to the negligent driving of Albert Roy Sigley, a servant of the defendant, Shuter. The defence was a complete denial of negligence.

The plaintiff said his wife, at the time of her death, was 51 years of age. After her death he was appointed administrator of her estate, the net value of which, for death duty purposes, was £810. His wife died without making a will. Since her death plaintiff had had to employ a maid to do the housework. There were two sons and two daughters, but one son was living at Huntly. The two sons and the elder of the" two daughters, were not claiming anything, and witness brought the present action on behalf of himself and the younger daughter.

C'nrl Hubrick said he drove the car in which Mrs. McLeigli was a passenger from Huntly to Auckland on the night of Sunday, May 3. Besides Mrs. McLeigh there were five others in the ear, including witness. When about two miles south of Mercer witness saw two lorries approaching. Witness was driving on his correct side, and to him the oncoming lorries appeared to be on their correct side. The night was fine, and the stretch of road oil which the; accident happened was straight. Witness was travelling at about 25 to 30 miles an hour, and the lights on the lorries appeared to be good. The Accident.

Just as witness was about to approach the first of the two lorries he saw the second lorry shoot out in fiont of it and go on to witness' side of the road. Witness applied both brakes, and the car answered immediately, but witness could not avoid a collision. Mrs. McLeigli, who was in the rear seat of the car, suffered injuries, and died shortly after the accident. The car and lorry interlocked. Tlie_ collision took place on witness' correct side of the road.

In answer to Mr. Goldstine the witness said ho was just about to pass the first lorry when he saw the second lorry shoot out in front of him. It was only a matter of seconds when the impact occurred. The collision occun ed within 18 inches or two feet of the gutter. He could not say what caused the lorry to shoot out and. he heard, no discussion about oil on the road. James Ernest Gee, factory hand, said he was sitting in the front seat with the driver, Hubrick, and the latter's wife when the accident occurred. Just previously witness noticed the two lorries approaching, one following the other. As the car passed the first lorry the second, one shot out and. came across the road, colliding with the car, which was on its correct side of the road. The accident could not have been averted by Hubrick, the driver of the car, because he had no chance. Eugene Keller, farmer,' said he was driving his car along behind the two lorries and prior to the accident he saw the second lorry pull out, apparently with the object of passing the first lorry. His car and the first lorry were travelling at approximately 40 miles an hour and the second lorry at 55 miles. This lorry went on to the wrong side of the road and collided with the car driven by Hubrick.

The case is proceeding.