FATAL COLLISION.

Press, Volume LXIII, Issue 18924, 12 February 1927, Page 3

FATAL COLLISION.

* srrr for £iooo damages. [THE TRESS Sptclll Service.] AUCKLAND. February 11. A collision in Hauraki read, Birkenhead, on Christmas Day between two motor-cars, which resulted in the death of a passenger, culminated in a claim for £IOOO damages. The case was commenced before Mr Justice Stringer and n jurv. 'Hie plaintiffs to the action arc Thomas Unwav Leathart, " laster r. riuer. Birkenhead, and Evelyn Leathart (Mr Allan Moody), and defendants William Osborne Thompson, farmer, Ruawai (Mr A. H. Johnstone), and Frederick Lees, printer, Birkenluad (Mr E. Inder). Ilr Moody said the claim was brought, against the two defendants for alleged nc ligence on the part of either one or f *• other of the defendants, or both of fjm. A son of plaintiff, who had contributed £4 a week to his parents, had died as the result of injuries rc : ccived in the accident. It i:ppearea that about 1 p.m. on Christmas Day Leathart had taken his father Ins dinner at Northcoto, and on the way back was given n lift by Lees. There were seven people in the cr.r. « hen approaching Hnuraki road, - tlic-defend-ant Thompson camp down Hinemoa road at what was alleged to be in excessive speed. He failed to see the. signal given byi Lees, and there was u collision. Thd force of. the impact .cause.-] Thompson's : c«f to capsiK. Jt. would be alleged, that both Lees nnd Thompson were driving at a speed dangerous, to the-public. The alternative claims were for £IOOO damages against Lees and Thompson individually. Evidence on lines similar to that at the inquest was given. William Thompson, one of tne fendants, said he was travelling »boufifteen miles an hour. ■He assumed Lees intended to keep to the »<"". roadHe over as far as possible to tne left, lees cut" across in front of mm. He saw no stenal. He was watching the man in what he thought was the driver's seat. He did not then know Lees' ear had n left-hand drive. Defendint Lees said he signalled. He intended do go straight tMoHarbonr View road, and blew the horn twice, expecting thit Thompson would keep away to his right.