ACCIDENT ON MAIN SOUTH ROAD

Press, Volume LXXXIII, Issue 25299, 26 September 1947, Page 9

ACCIDENT ON MAIN SOUTH ROAD

PLAINTIFF AWARDED DAMAGES

A claim for damages and two counterclaims were heard by Mr H. P. Lawry, S.M., in the Magistrate’s Court yesterday. The plaintiff, Frederick George Lynch, oi Rolleston, a horse trainer, was represented by Mr J. D. Hutchison. The defendants, Cecil David Smith, a driver, and John Malcolm Alexander Ritchie, motor proprietor, both of Temuka, were renresented by Mr R. A. Young. The statement of claim said that on January 2, 1947, Smith so negligently drove a car on the Main South road near Weedons that it collided with the rear of the plaintiff’s car. He claimed £153 9s 2d as damages. Ritchie, the owner of the car driven by Smith, alleged that the accident was caused by the negligence of the plaintiff in failing to indicate that he was reducing speed. Ritchie counter-claimed for £229 10s Bd. Smith counter-claimed for £l9 10s for loss of wages and general damages. Mr Hutchison said that the plaintiff was driving into Christchurch and a car driven by Smith ran squarely into the back of the plaintiff's car. Lynch saw two women at the side of the road and one was cressing a ridge of shingle, so he slowed down. to pass the women with particular care. It was then that the accident hanpened. Mr Young said that Smith was taking five passengers to the races at Addington. He was driving about a chain and a half behind Lynch’s car. Suddenly the car in front was brought to a ston without any warning being given. Smith was taken completely by surprise and could not swerve to get past the car in front. After hearing evidence for the plaintiff and the defendants, the Magistrate said he was satisfied Lynch did not stop suddenly. He held for the plaintiff on two grounds—that he slowed his car gradually and that Smith should have seen and been aware of the manoeuvre. Judgment was' given for the nlalntiff for £147 9s 2d and the costs. The defendants failed op the counter-claims.