CAR ACCIDENT.

Auckland Star, Volume LXIX, Issue 282, 29 November 1938, Page 10

CAR ACCIDENT.

INJURED DRIVER. CLAIM FOR DAMAGES. . SEQUEL TO COLLISION. Further evidence was heard in the •Supremo Court to-day before Mr. Justice Fair aixl a jury in connection with a collision which occurred between two motor cars on the Auckland-Waiwera Road on December 26, 1937. A claim, which was for £2.j00 general, and £.J7O special damages, was brought liy Arthur Rupert Bninton, of Northcote, baker (Mr. Mcllroy) against Algar Walter Ferguson, of Auckland, motor car salesman (Mr. Richmond), Plaintiff claimed that his left arm had been so injured that he would not be able to carry on his old occupation, or any other requiring the use of both arms and that his injuries were due to defendant's negligent driving. The defendant denied negligence, and alleged the accident was due to the plaintiff's own negligence. The defendant, in evidence, eaid that ho had been driving ears for twelve years, and had never had an accident. His car was proceeding at a normal speed when the collision occurred. Plaintiff's car appeared to be goiii" fairly fast. Witness' car went into the drain on the left after the collision. He did not speak to the injured man, and did not find out how seriously he had been injured until he got to Auck-

In reply to Dr. McElroy defendant said that when an accident appeared imminent he pulled the -wheel over sharply to the left and called out. "Hold on! ' The crash occurred immediately afterwards. The cars did not lock and sheered off.

In answer to Mr. Richmond witness said that he had had nothing to drink that dav. °

Esther Bentata, saleswoman, who was in defendant's car. said that they went to Waiwcra for a drive. They had had no drinks. She could not say "what time it was when they left Waiwera. Defendant drove at a moderate speed when they left there. At the point where the accident occurred she said the other ca<turned a. corner and came towards them It seemed to be going fairly fast! Defendant tried to get away, and when the collision occurred his car went up on the clay bank. Witness bumped her head and was a little dazed. The defendant, after inquiring if she was hurt went to the other car. A young man came up to the car while defendant was away and asked if she had been hurt. He had been drinking and she could smell his breath.

(Proceeding.)