CLAIM FOR DAMAGES

Evening Post, Volume C, Issue 38, 13 August 1920, Page 8

CLAIM FOR DAMAGES

SEQUEL TO A MOTOR COLLISION

A case concerning a motor-car collision came before his Honour Sir Bassett Edwards and a jury of twelve in the Supreme Court this morning. It was that of Harry Hull, of Wellington, painter, and W. J. Gardner and William ,T. March, taxi-proprietors, also of Wellington, a claim for £530 damages. Mr, T. Neave appeared for the plaintiff, and Mi". H. F. O'Leary for the defendants. Mr. N. F! Willoughby was foreman of the jury.

In opening the case for tho plaintiff, Mr. Nea-ve said llio action wn.s one for damages caused by the reckless driving of Walter James Gardner in Tasrnimstreet on 20th June last. Mr. Hull was coming back from a football match, with three other men, along Rugby-iitroct. Hull, it was contended, was driving slowly, and taking all reasonable ,precautions, but as he approached Tnsmanstreefj he saw the defendant'^ motor car coming along at an unreasonable rate of speed. As Mr. Hull entered Tasmaiistreet he, in order to avoid instuntaneoun death for himself, pulled his car sharply to tha right and on to the kerb. That left upwards of 22ft for the other car to pass, but'the car was going so fast that the defendant's car continued on its course, struck Hull's car, knocked it about 70ft into a brick wall, and overturned it. Fortunately, the ocoupants escaped without injury. The defendants' car went on for 264 ft along Tasmanstreet until it was pulled up. Neither the driver of the defendants' car nor any of its occupants deemed it necessary to come back and see if anyone had been, injured or if any assistance was required. Defendants, said counsel, disclaimed liability, and when. |Mr. Hull claimed damages, coimterclaimed for damage done to their car—£l9s. Mr. Hull's car cost £555. The repairs would cost a considerable sum of money, but, even so, the value of the car would be considerably diminished, not to speak of the loss of its services to Mr. Hull in his business.

Harry Hull, the plaintiff, detailed the circumstances leading up to the' collision.

In answer to Mr. Neave, witness said he estimated that Gardner's car was travelling at nothing under 40 miles an hour. ' J ,

Joseph, William Butkr, director of the Boys' Institute in Tasman-street, said that he saw the white car (Gardner's) coming down the hill at such a pace that he stepped out to set) if a coujple of children sent on an- errand were safe. He heard the noise before he saw the car. It seemed to him the car was out of control. The speed was dangerous for an ordinary city street. He'saw a black car- (Hull's) come out of Rugbystreet and turn into Tasman-street. He heard an impact and saw the white car had struck the black car in the rear.

Frederick A. Bezzant, Civil servant, said he was travelling behind Hull's car in a motor-cycle and side-car, driven by his son, .up Rugby-street. . He^ heard ?full blow the horn at the corner, and another car roaring down the'street, and. his son slowed down at once. He saw the white car pass ..'the top of. Rugbystreet at a speed which he estimated f vom v his knowledge of motoring at 45 miles an hour. He thought "the car was out of control on account of the front wheels swerving,, and the whoje car bounding along. If Hull had driven his car across the road, he would, in witness's opinion, have been- .cut in half. Hull had proceeded up the hill at a safe speed. He did not think Hull could have avoided a, collision in any case. ■ • .

Charles Tandy, retired coach-builder, living at 5, Ranfurly-terrace, said that from the corner of Ranfurly-terrace and Tasman-street he saw the white car come down the hill, as fast as ne had .seen Fire Brigade motors going on "an.urgent call. The car was, driven' in a reckless manner. Another witness said he thought it' was fhe Fire Brigade from the noise and ispeed. The neighbours came out to see ■what was the matter.

At this stage the Court adjourned till the afternoon.