MIDNIGHT COLLISION

Evening Post, Volume CXIII, Issue 123, 26 May 1932, Page 13

MIDNIGHT COLLISION

TAXI-DRIVERS AT LAW

ONE CLAIMS DAMAGES

In: a serious.-Collision between two taxis at the intersection of Constable and Daniell streets last December a. woman was killed and several other persons were injured. To-day in the Supreme Court before Mr. Justice Blair the drivers of the respective taxis were parties in a civil action. Edward Henry Leach claimed special and general, damages, amounting in all to £268 17s, from George Edward Harper for alleged negligence. ' The statement of claim, alleged that Harper so negligently, carelessly, and unskilfully drove and managed his taxi as to cause the collision. Negligence was alleged against Harper in tho,following respects:—(l) Failure to observe the "off-side" rule; (2) failure to keep, a proper look-out- (3) failure to stop, slow; down,* or steer'clear of the plaintiff's car ;(4): approaching and crossing ■ tho intersection at an excessive speed;''(s) failing to give adequate warning' of-his^'intehtibn to' cross- the intersection. ■ ' ■ ': ' A denial of the allegations was made by Harper in the statement of defence. Two further, defences were set up. Tho first-alleged that the accident was duo solely to the negligence of the plaintiff. It was: claimed, inter alia, that the plaintiff -failed ;to exercise reasonable care in travelling from a 1 side road across a main road. The other defence raised was that if there was-any negligence on the part of tho defendant (which was denied), then Leach contributed to the accident. Jby negligence on- his' part. ...... ° The collision occurred about midnight on 21st December. Counsel for the plaintiff said that Leach was returning with some children arid their parents from a children's party at Melrose. He drove along Daniell street, in a northerly direction, and it was his intention to. go. across Constable street and then.turn up Wilson street. The evidence would! be that Leach was travelling at a very moderate speed, and that he exercised reasonable care before proceeding to cross Constable street . f Immediately Leach .got on. to the intersection, .continued, counsel, .another car, the defendant's, which ,was coming up Constable street, came into sight on the plaintiff's left. Leach continued on at a speed, he estimated at not more than 12 miles an hour, expecting the other ear to stop. Thonj in a flash, Leach noticed that the other car was coming on. By that time Leach was about on the middle of the intersection. He endeavoured to turn his car to his right to avoid a smash, but he had scarcely made a turn when the other car struck his taxi, which was badly damaged. One woman died as a result of the collision, and others were injured; ... . ■, After the crash, added counsel, the defendant's car travelled on, mounted a footpath, and pulled up in a church fence across tho footpath. It was two months before the plaintiff was able to resume work, and he lost tho whole of the Christmas and Now Tear trade. The cost of repairing his taxi was estimated at £85. Tho car was abandoned, and. was sold as a wreck. Evidence was then called, and was proceeding .at the time . of going to *press. •