WOMAN KILLED.

Press, Volume LXI, Issue 18550, 27 November 1925, Page 11

WOMAN KILLED.

NEGLIGENCE ALLEGED. COUNTY COUNCIL SUED FOR £2OOO. On 1 lie evening of August Inh. Mrs Stoddart, wife of Leo Robert Stoddart, farmer, of "vVitlowbridge, was killed through the gig she was driving colliding with a temporary fence erected on the Main South road by "the Ashburton County Council. At yesterday's sitting of the Supreme Court, deceased's husband sought to recover £2OOO damages. The ease was heard before Mr Justice Adams and a jury of twelve. I'laintiff, in his statement of claim, set out that his wife, Elizabeth May Gladstone Stoddart, was proceeding in a gig from Ashburton, and after crossing the Ashburton. traffic, bridge on the Main South road, suffered an accident, through the gig colliding with ;u. obstruction placed on the southern ramp or approach of the bridge, whereby Mrs Stoddart was hilled. The obstruction consisted of a stake and netting fence erected by the Council or its agents or servants on or about July 4th, 1925. It, was claimed that defondant'Council was negligent in that it erected the obstruc-t-in <i on the road without lighting or otherwise warning persons using the road of the existence of the obstruction.

Statement of Defence. In its statement of defence the defendant. Council denied the charges of negligence. The fence was properly and safely constructed, and was in no sense, an obstruction to the road or, to persons using the road. If lighting at night were necessary, which defeudant denied, the fence was sufficiently lighted. The other claims in plaintiff's statement were denied. Mr If. S. Wilding, with him Mr A. K. North, appeared for plaintiff, and Mr W. J. Sim, with him Mr C. IV. Turned, represented the defendant Council. Evidence for Plaintiff. Joseph' Watson, retired schoolmaster, of Ashburton, and father of Mrs Stoddart, gave evidence that his daughter left, his place about 7.25 p.m. on August 18th. The gig lights were lit. The horse Mrs Stoddart was driving was a very quiet one, which the children used to ride, and Mrs Stoddart was a ea-pablo driver. After the accident the County Council erected a barricade at the end of the bridge, where the lower road branched off, and lights were put up at the barricade.

To Mr Sim, witness said that his daughter travelled from her home into Ashburton in the gig on the morning of the accident. Witness did not know that the near trace of the harness was in a, very bad state. The permanent road lights were about eight chains apart. If the fence erected by the Council had not been there the gig would have had three or four feet clearance of the erosion which the barrier was erected to guard. He had heard it said that someone would be killed and then the Council would provide something better. Constable R. T. Hessell, of Ashburton, said that when lie arrived at the scene of. the accident on August 18th the horse was standing very quietly. Witness advanced the,opinion that the object of the gig lamps was to give warning of approach to others. His Honour: You had better acquire the habit of carrying proper lights, constable. Do you say that gig lamps will not light up the road?—A candle lamp will light five or six yards ahead. Mr Sim: Will you dare to express the opi'iion that lamps will throw a light five or six yards ahead! —Yes. Well, even if the lamps throw a light only, five or six yards ahead, why should Mrs Stoddart not have seen the fence?— Well, she was sitting on the right-hand side of the gig, and she would be looking for traffie ahead.

Passing Motorists. James .Smith, auctioneer, of Ashburton, said that on the night of the accident lie crossed the bridge on the way to Tinwald about 6.45 p.m. A car was coming to meet him, and he dimmed his lights and kept well to his side of the road. He almost ran into the projecting fence. George James Suttie, farmer, of Greenstrect, said that he was in a car following Mrs Stoddart across the bridge on the night of the accident. The gig was travelling about six miles per hour on tho bridge. It was about ten yards ahead of the motor going off the • bridge, and, driving on the lower road, he passed Mrs Stoddart about half-way between the end of the bridge and where the accident occurred. After he had travelled a little distance past her, lie heard a slight click or scratching noise, but paid no attention to it, not realising until he read a report of the tragedy in a newspaper the next morning that this was actually the sound of the accident The upper road, on which Mrs Stoddart was driving, was six or seven feet above the lower road. Both the gig lamps were burning, but they would not provide illumination past the horse's head. He knew there was an obstruction on the top road. It had. always been his opinion that the fence had been too far out. Between the bridge and" the obstruction, the road was very dark, two lights in the vicinity, failing to make 1 any improvement. For several days after the temporary fence was erected, it was lighted at both ends, but later there was no light at all. To Mr Sim: Ho did not think a person d/iving a gig would be able to see the fence by the aid of the gig lamps. They wero of no use to a person driving along a ro;id except to warn others approaching. He did not consider the lighting at tho scene of the aceident good for a country road. He would contest a statement■' that Mrs Stoddart was travelling at 14 miles per hour over the bridge. Constable Arthur Charles White, stationed at Ashburton, said that an examination of the scene of the accident revealed that the corner post of the temporary fence had been struck and Iw.ocked out. Witness gave particulars of the damage to the gig. Where the accident happened, the fence could have gone across to the | next post. The night before the inquest he had walked into the fence, although he knew where it was. Gig lamps might throw light for half u chain,'hut, if they were not kept, clean, they might not give light past the horse's head. Walter Buchanan Thomas, insurance agent, of Ashburton, said he crossed the bridge three or four times a day, and about three times a week at night. Any person travelling down the road at- night who did not. know of the existence of the temporary fence most strike it. Witness had warned a motorist on one occasion, just in time to prevent him from striking the obstruction. To Mr Sim: The lights of Hie car were dimmed at the time.

"A Death-Trap." Walter James Gudsell, butcher, of Tinwald, said that ho passed the locality four times a day, and sometimes six. After the accident the road was fenced right off. It was impossible to see the temporary fence erected by Council, without J^d

a gig would be practically on top of it. before its occupants could see it. To Mr. Sim : The fence. Vhis mind, was a death-trap, and always had been. He saw no reason to make a complaint about ..it to the County authorities, as he did not deem it his duty. The fence could have been further in. He had spent an afternoon following upon the flood, examining the place, and he was certain there was no undermining at the scene of. the accident. The Council had done something .for the safety of the residents, but it was a very poor something. In the daytime the fence would hare been all right, if the first post had been painted white. Arthur Watson, chaff-cutting contractor, of Tinwald, said that he arrived at the scene shortly after the accident. The horse was the quietest he had ever seen. At the Ashburton end the temporary fence came out too abruptly, in his opinion. To Mr Sim: Even the quietest horses were known to shy on occasions. He did not examine the' trace which was broken, and could not say whether it was perished through. The case was adjourned until this I afternoon.