MOTOR ACCIDENT

Evening Post, Volume CVIII, Issue 108, 2 November 1929, Page 11

MOTOR ACCIDENT

CLAIM FOR DAMAGES

UNUSUAL CIRCUMSTANCES

A claim for £11134 damages, arising out of a motor accident which occurred on 30th June, was mado by Robert Bowes Kirkland, plasterer, of Wellington, against John Delaeourt Mcrrett, manager, and Henry Stanley M'Lucas, salesman, both .of Wellington, before Mr. Justice MacGregor' and a jury in the Supreme Court; yesterday. Mr. O. C. Mazengarb appeared for ihe -plaintiff, Mr! H. F. O'Leary, with him Mr..L. H. Herd, for Mcrrc'tt, and Mr. H. H. Cornish for M'Lucas. The statement of -claim -set out that about 2 a.m. on 30th June, Kirkland was returning from Titahi Bay to AVelmiiitou in' a motor-car, driven by M'Lucas, while Merrett was driving his motor-car immediately behind. While the two cars were proceeding up the hill leading to Johnsonville they collided, and .Eirkland was thrown to the ground and seriously injured. Kirkland alleged that the accident was due to the joint and; simultaneous negligence or the defendants in (a) driving at an excessive speed, (b) failing' to keep tlieir respective motor-ears under proper_ control. Further, he alleged the accident was due" particularly to the negligence of Merrett in..(c). driving too near the leading motor-car; (d) ±a; ing to. keep a.proper look-out; (c) failing to slow down or steer clear of the front ear whou it slowed down. Knkland suffered a fractured hip, :t broken arm, and bruises and cuts. He churned hospital and medical expenses, ~o0; replacement and repair of clothmg, .glasses, and denture, £23- loss of eannngs, £lia ; general damages, £1000. Hn denied the allegad?p' S- /> , I' ucas ™M the accident.was due enfardy to the negligence of Merit'^i' he'a]Qeed' fol)"«-ed the leading cai too closely, and Merrett " aU c , ( was tr^ir 6 W3S ClUe i 0 3r'^^as, win, "A TERRIFIC CRASH " The Plaintiff gave eviOpnco that at the time of the accident ho was sit M. Lucas was driving. They were re turning to the city after splnto.V the evening at Titahi Bay. Whe Pn they left the bay, Merrett and his party were *ot ready to leave. After palinf Tawa innfj. I"tnws bocame aware that another ear was behind them. M'Lueas 8 owed down on a corner, and then there was a terrific crash which seemed to come from the rear, and a flash of. lights, atter which witness lost consciousness. When ho came to, ho was on the ground, in front of Merrett's car M Lucas's car was facing into' -the ■tence. Both ears appeared to be-to-gether. He was informed that tho other car was-Merrett's. Witness said that he met Merrett after ho had notified him that a claim would, be :made. Merrett said he had made a statement to tho insurance company admitting runing into M'Lueas. He. admitted that he was liable, and said that if M'Lucas had not been so pig-headed and Jiad come to him he could have fixed the matter up out of Court. Merrett took up the stand that he was liablebut that M'Lucas wag also liable ami as the latter would, ii'o.fc admit liability, the matter had been brought to Court. M'Lucas had never admitted liability to witness. ' < Cross-examined by Mr. O'Leary witness denied that M'Lncns cut tlie'corner before the accident, or drove at an excessive speed. Witness told Mr. Cornisli ho was positive M'Lueas. had-not hud any liquor during the evening. EVIDENCE POR. DEFENCE. Arthur Wilson, farmer, of Johnsonville, said that one of his fence posts was found knocked over tho morning after the accident, and the fence was damaged for a distance of about 40 feet, .vA three-'seater car was close by. His impression was. that somebody had run into tho strainer and grazed the fence as he went along. Evidence .was given by John Delaeourt Merrett, one of the defendants, who said that on tho 29th June he, Levy, and a young lady drove out to the cabaret at Titahi Bay. They had half a botle- of whisky, and had two or three drinks. Returning,. he caught up M'Lucas at Porirua,and from then on-' wards his pace was the same as M'Lucas. M'Lucas cut tho corner, being on the right.of witness's car. An approaching motor-cyclist was on his correct side, and there was not much room for the . cyclist to get through. M'Lucas moved to the left, and witness moved further to the left also. Witness thought the cyclist would get into trouble-, and he took his eyes off M'Lucas's car. When he looked up M'Lucas had disappeared round the corner, and witness said that seeing the road clear he accelerated. On turning to focus his lights on the road ho saw M'Lucas's car across tho. road, about 50 feet; ahead. Witness could not get round, and applied. the brakes. He was travelling about 10 miles per hour, when he struck M'Lueas's car, about half-way down the side. The witness denied liability for the accident. Tho hearing was-adjourned till Monday morning.