STREET COLLISION

Evening Post, Volume XCVI, Issue 15, 17 July 1918, Page 4

STREET COLLISION

CLAIM FOR £50 DAMAGES A collision between a horse-drawn I lorry and a tramcar which took place on 3rd January at the corner of Lower Cab;t and Wakeneld streets, led to a civil claim being made by J. O'Brien ,aud Co., carriers, against the City Corporation for £50, the damage sustained by tho plaintiffs through the loss of a draught horse by reason of the alleged negligent and unskilful driving of a tramcar by a servant of tho Corporation. Mr. M. Myers appeared for the plaintiff, and Mr. J. O'Shea for the City Corporation. John Hutchison, secretary Co the Wellington Tramways Employees' Union, giving evidence, said lie had, acting under instructions, communicated with the Public Works Department, relative to complaints from the union that the trams wore run too fast on the Wallace-street route, and they therefore asked that more time should bo allowed for tho run. Alfred Henry Lake, the driver of the lorry which collided with the car, eaid he drove along Victoria-street on tho left side o of the i'oa-d, and on reaching tho intersection of. Cuba-street took the usual care to ascertain if the road was clear. The horse, travelling at a- slow walk, had reached the tarn line when witness saw the tramcar approaching at, he considered, 50 miles an hour. There 1 was no time to do anything, and tho horse was struck, having its right foreleg broken, and being dragged about half a car length, by the tram. The animal was destroyed by tho police. Witness, in answer to Mr. O'Shea, said tho horso had certainly not trotted across the intersection ot the streets. Ho heard no gong sounded, Thomas David Bryant, carrier, who was in the vicinity when the accident occurred, said his attention was first drawn by the gonging of the tramcar. The horse was then at a standstill on tho tram line, with the tram a car length away. Witness considered that the inotorman could have pulled up the tram in time, but possibly he thought that. Lake would get clear of the line, and so went on. For tha defence, it was held that the collision was solely due to tho negligence of Bryant, who, it was held, drove over tho crossing at a trot without taking care to see if the line was clear, and came quickly across in front of the'ear, .giving the inotorman no time to pull up. Motorman- John IT. Dineen said that the horse came suddcnlv into view juat ahead, travelling at a fast trot. The car was- travelling at seven or eight miles an hour, and the emergency brakes were at onco thrown on, but the car could not be pulled up before the collision occurred. Witness considered the time allowed for the Wallace-street run to be sufficient. To Mr. Myers : The liorse was actually trotting when the accident happened. The horse really ran into the tram, and not vice versa, fitness had since been taken off driving passenger cars. Tho witness Bryant, recalled, said that tho tram travelled a full car length after striking the horse. Tho conductor, Arthur Barnett. said that the brakes were thrown on so violently that a passenger was thrown from one seat to another. He considered Unit tho tram travelled two or three yards after the brakes were thrown on. The horso had not reached the line when witness first saw ,it. Kenneth Alister Brennan also gave evidence for the defence. At this stage the case was adjourned to Tuesday next.