CATTLE STRUCK BY CAR

Press, Volume XCIII, Issue 27993, 13 June 1956, Page 5

CATTLE STRUCK BY CAR

£2OO DAMAGES AWARDED

A motorist who was driving “at a terrific speed” on Halswell road at dusk hit a line of five cattle, “telescoping” the first four, and leaving a skid mark 26 feet long on the roadway, according to evidence for the plaintiff in a £3OO claim heard by Mr E. A. Lee, S.M., in the Magistrate's Court yesterday. Spreydon Lodge, Ltd. (Mr J. R. Woodward), claimed £3OO from Karl William Athol Millan, a drainage contractor (Mr B. McClelland), for the loss of two of- the cows, which had to be destroyed, and loss of production for a full season on two others. Two-thirds of the plaintiff’s claim was allowed, and judgment for £2OO given.

J. W. Overton, manager of Spreydon Lodge, said that he saw the defendant’s car approaching a quarter of a mile away and he could plainly see a corner half a mile away. Mr McClelland: If vou had kept those cattle on the left-hand side of the road you could have driven them on to your property without crossing the road?

Overton: I had to take them over to the right because the cars were piling up behind me. , Asked why the cattle should have been on the gravel at the road verge and not on the grass alongside, Overton said “‘Cattle have a strong preference for certain places to walk.j “I am certain that cows don’t like grass when they can walk on gravel—that is why they were in single file, so that they would not have to walk on the grass.” said the witness. Busy Route The road, which was a stock route from Addington saleyards, was a main one, and a busy one, said Overton He was following the cattle in a utility vehicle, with his parking lights on. The time was about 5.40 p.m. To Mr McClelland, who suggested that as sunset was at 5.31 p.m. that day. he should have shown a light at the front of the cattle, Overton said “That was not necessary, it was still quite light.”

The Question of the value of the rattle was not disputed, said Mr McCleland. Millan, the driver of the car which ' struck the cattle, said he saw nothing until he rounded a bend and the cattle were in front of him. He braked, but could not avoid hitting them, as they were two or three > feet on his side of the centre line of the road. He was driving about 40 miles an hour and his lights were on dip. The time was about 6.5 p.m. The defendant saw neither the cows nor the lights of the plantifTs car. said the Magistrate. His speed was not excessive

The plaintiff was driving the cattle on the wrong side of'the road, and failed to move the cattle off the road when he saw that an accident was imminent, said the Magistrate. To that extent he contributed to the accident. His of the negligence would be one-third, and iudgment for £2OO would be granted.