RESULT OF A COLLISION.

Evening Post, Volume LXXVI, Issue 143, 16 December 1908, Page 7

RESULT OF A COLLISION.

DAMAGES AWARDED. A collision between two vehicles on the Akatarawa-road on the 25th September, when a horse and dray were pushed over a bank into the river, led to a claim for damages. Judgment wa* given to-day by Dr. M'Arthur, S.M. ' Tho vehicles were a dray and an express. The dray belonged to Harry Bcnge, and the horse to Edward ' Smith, the plaintiffs in the.- action. Mrs. Smith was the owner of the express. The damages claimed were £17 — £12 for tfea value of the dray, and £5 damages for injuries received by the horse. The parties were meeting . on & road on one side of which was a>bank, and the other a steep drop of about 150 ft. The parties saw each other, and the plaintiff Smith, who had a loaded disay, drew to the outside and waited i for Mrs. .Childs, who was driving an express . cart. From the evidence it appealed that she had 'a clear foot space m driv-, ing between the loaded dray and tho bank. It is clear she struck the dray, driving it over the bank. The driver; Smith escaped by jumping clear. "Mrs. Childs," said his Worship, "was already guilty of negligence, for if she had room to pass, ■which we think she had, she should have done so, while if she had not roonf, she should have pulled up. We cannot agree with counsel for the defence that there was. contributory negligence ,on the part of Smith. Every care was taken by Smith, who in no sense can be said to have been guilty of contributory negligence.*' J ' As the dray was an old one, a sum of £7 would be sufficient for that item, and £3 for the injury done to the horse. Judgment would be for the plaintiffs,, £10, ansd costs £2 17s. Mr. Jackson appeared for the plain*, tiffs, and Mr. Webb for the defendants*