MOTOR FATALITY

Evening Post, Volume CXXIV, Issue 113, 9 November 1937, Page 11

MOTOR FATALITY

DAMAGES CLAIMED

NGAHAURANGA GORGE SMASH

A claim for £31 14s special damages, £4000 general damages; and £5000 for the deprivation of the normal expectation of the life of Daniel McAuley, labourer, of Johnsonville, made by his widow Kathleen McAuley, against William Alexander Young, fruiterer and greengrocer, Johnsonville, was heard in the Supreme Court today before his Honour the Chief Justice (Sir Michael Myers) and a jury. Mr. D. McGrath appeared for the plaintiff and Messrs. G. G. Watson and W. P. Shorland for the defendant: ■" ■ . * The plaintiff's husband was killed as the result of a motor collision in the Ngahaurariga Gorge. • ■ The plaintiff claimed under the Deaths by Accident Compensation Act. 1908, on her own behalf arid on behalf of her six children,'' from one to six years of age" and one. unborn.- She alleged: that on August 28, .1937, her husband met his death while riding a motor-cycle in the. Ngahauranga Gorge through colliding with a motor-lorry owned by the defendant, and that the collision was due to the negligence of the defendant, in that he failed to keep a proper look-out to the left pf ■ the white lines in the centre of the'highway, drove at a speed excessive in the circumstances^ failed to steer clear of the deceased, and failed to keep his lorry under proper control. The plaintill was wholly dependent on her husband, who was '30 years of age and in excellent health, and by the collision, it was claimed, he was deprived of his normal expectation of a happy and vigorous life. The statement of. defence admitted the collision, but denied negligence and other allegations- of the plaintiff, alleging that the collision was due to the negligence of McAuley, who failed to ride as near as practicable to the left-hand-side. of the road, rode his motor-cycle at a speed which in the circumstances was excessive, failed to keep a proper look-out, and failed to steer clear of the defendant's lorry. Phillip Wallis Vautier, of the City Traffic Department, gave evidence that the grade of the road where the accident happened was 1 in-14 and the cant of the road lin 13. The surface was not of rough bitumen. The length of the skid of two lorry wheel; tracks going downhill was 28ft, with one wheel track just over the white centre line. There was lift 6in of bitumeni on the left-hand side of the white centre line going up the hill, and 9ft 6in on the left-hand side going down. Samuel Levin, of Evans Bay, stated that, after a motorist named Salek had gone to inform the authorities, Young moved his lorry more over on to the correct side of the road. Prior to that the right-hand front part of the lorry was 18in to 2ft over the white line. ■.--.-.■■■.:

Cross-examined, the witness said that Salek, as well as himself, must have seen the position -of-the lorry before it was moved by Young. The lorry was well in; the. ,way of downward traffic. Its right-hand front wheel was twisted and buckled to the right, and the front right fender was bent. Witness protested against the; shifting of the lorry in the case of such an accident. '

Louis Salek, merchant, of Welling? ton, said that when he asked Young how the accident happened, he did not answer. The front right-hand mud g^iard of the lorry was bent. He gave the positions of the lorry, motor-cycle, .and the body of the motor cyclist. • '

(Proceeding.)