MOTOR-CAR BLAMED

Dominion, Volume 24, Issue 144, 14 March 1931, Page 9

MOTOR-CAR BLAMED

Collision With Tramcar COUNCIL WINS APPEAL Jury’s Verdict Set Aside In the Appeal Court yesterday the Wellington City Council applied for a nonsuit, or in the alternative a new trial, iu the ease in which a Supreme Court jury awarded £449/8/- general and special damages to May Hanna. a minor, and £4BO/12/- to Gwynneth Jenkins, of Hataitai, who were injured in a collision between a tram and a njotor-car in which they were passengers, in Moxhani Avenue, Hataitai, in July last. After hearing argument both plaintiffs iu the original suit were nonsuited. On the bench were the Chief Justice, Sir Michael Myers, Mr. Justice Reed, Mr. Justice Adams. Mr. Justice Ostler, aud Mr. Justice Smith. Mr. W. Perry and Mr. Stewart appeared for the plaintiff, and Mr. O'Shea for "the City Council. The accident happened at about 12.45 a.m. on July 6 last year, plaintiffs being passengers in a motor-ear driven by James Hanna, which was going down Goa Street into Moxhani Avenue. The car collided with a tram at the corner, and plaintiffs’ case was that the accident was due to the negligence of the tram driver. The jury found that the motorman on the tram was guilty of negligence in driving at an excessive speed, but replied in the negative to the question of whether he failed to keep a proper look-out, or fail- ’ ed to sound the gong and give warning of the approach of the tram. They awarded damages, adding a rider “that the motorman in failing to obey the instructions of the sign 'motormen, ring, slow down,’ 61ft. from .the intersection, was guilty of a minor factor of contributory negligence.” Mr. O’Shea submitted that there was no evidence that the drivew was driving at. an excessive speed; iu fact, the evidence was all the other way. Further, that barely a second elapsed between the time the motor-car came within the vision of the driver and the collision, so that he had no chance of stopping the tram and avoiding the collision. The tram weighed 14 tons without passengers, and 17 tons with a full load, and if it had been travelling at the speed alleged the motor-car and its passengers would - have been smashed up. It was a rainy night with some wind. “It was a sympathetic verdict if ever there was one,” said Mr. O’Shea in asking for judgment for the City Council, a nonsuit, or a new trial on the grounds that the verdict was against the weight of evidence and that the collision was caused by the negligence of the driver of the motor-car. Mr. Perry and Mr. Stewart argued at some length to show that the evidence justified the jury in arriving at the verdict given, and that the speed of the tram was excessive and was the cause of/the accident. The Chief Justice briefly reviewed the arguments, saying he had come to the conclusion that the accident was solely due to the negligence of the driver of the motor-car, and both plaintiffs should be nonsuited. The other judges concurred, and a nonsuit was entered, the City Council being awarded costs.