A MOTOR COLLISION

Evening Star, Issue 19063, 5 October 1925, Page 8

A MOTOR COLLISION

♦ ACTION FOR DAMAGES 1)11 FITZGERALD SUED. On July 27 two motor cars collided, one driven by Dr James Eitzgerald, tiro other by Inspector Craighead, of the Department of Health. That happening had its sctpiel in the Magistrate’s Court to-day, when the case of the King v. Dr Fitzgerald was heard. Mr F. 11. Adams appeared for the Crown. His statement of claim was to the effect that the collision had been caused by the 'negligence of defendant, who, it was stated, had driven his car at an excessive and dangerous speed, had failed to keep a vigilant look-out, had not driven sufficiently near to the correct side of the road, and had tailed to comply with the city by-laws. It was stated that he could have avoided the collision by using Ins brakes, and could have prevented the collision by continuing in his course or by turning to the left and away from plaintiff’s cur. The claim was for £l.Ol (cost of repairs £.15, loss of uso of car for eight weeks £l6, depreciation of value ol car £.50). Mr J. H. Cal bin, for defendant, counter claimed for £101) Us Ud, and alleged that the collision had been caused by the negligence of James Craighead, servant of the plaintiff, who had driven his car at an excessive and dangerous speed, had (ailed to keep a vigilant look-out had left the correct side of the road, and had broken the city bylaws by overtaking a stationary tramcar without first seeing that it was a safe course to follow, aod had thereby caused the collision. It was alleged, further, that ho could have prevented' the smash by continuing his course after passing' the tram, but that he had lunicd suddenly and unexpectedly to the left, and had negligently and unskilfully managed his car. The count-cr-cinim was made up of £sl Os lid (cost of repairs), £ls (loss of use of car), and £Mt) (estimated depreciation). Evidence was given by Janies_ Craighead, who said that the collision occurred in Princes street south by the Oval, lie had slowed down to fifteen miles an hour to turn up the Main South road by the cemetery. Ho had been driving a clminjuul a-half behind a tramcar, hut was never nearer than that to it. He reduced still further, and just when lie was taking the turn the doctor’s car came along at twenty miles ait hour, and, suddenly swerving, hit witness’s car. Witness was cross-examined at great length by Air Gallan, and further evidence was given by .Minnie Joints Jeffery (a nursing sister in the Health Department and passenger in the ear), James Little (who estimated the doctor's speed at twenty-five miles an hour), and Percy Collins Wilkinson. The case was proceeding this afternoon.