MOTOR COLLISION

Evening Star, Issue 21637, 5 February 1934, Page 12

MOTOR COLLISION

CLAIM FOR DAMAGES At a special sitting of the Magis'trate’s Court this morning Horatio P. Jefooate, taxi proprietor, claimed £B4 12s 2d from Margaret Catherine Newson (Balclutha) in respect to damages arising out of a collision at the corner of Anderson’s Bay road and Bay View road on April 16 last between a motor car.driven by an employee of the plaintiff and a car driven by the defendant. The plaintiff alleged that the defendant's car had been driven negligently, in that she failed to keep a proper look-out when approaching the intersection, and failed to give way. to traffic approaching from tne right, and that she failed to apply her brakes to stop her car in time to avoid a collision. The amount of the claim was composed of the cost of repairs, depreciation on the car, and loss of profits through the loss of use of the car. Mr P, S. Anderson appeared for the plaintiff, and Mr J. S. Sinclair conducted the case for the defendant. Plans of the intersection were submitted by Mr H. L. Patterson. Alexander Kildare, a taxi driver employed by the plaintiff, said that he was driving a seven-seater Studebaker car, a car which was bigger than the ordinary seven-seater car. He was conveying a party of Chinese from the city to perform funeral rites, and was icturning from the Anderson’s Bay Cemetery to visit the Southem_ Cemetery. When approaching the intersection ho pulled up his car to less than twenty miles an hour. The defendant’s car was about 20ft down Bay View road and was travelling about ten to fifteen miles an hour. Both cars were just coming on to the intersection. He saw that it would be useless to stop, so he immediately accelerated and swung to the right to avoid a collision. The defendant’s car just came straight out of Bay View road and never turned one way or the other. The defendant’s car hit his car on the right-hand rear wheel. The impact was severe, and one of the party of four Chinamen in the car was injured. In the course of cross-examination, witness said that lie would usually drive along Anderson’s Bay road about twenty-five miles an hour and about fifteen to twenty miles an hour over intersections. The man in the taxi following him could see everything that happened. When he was about 20ft from the intersection the defendant’s car was about 20ft down' Bay View road from the intersection. He was first on to the intersection, and he believed that when the defendant reduced speed from ten to fifteen miles an hour when approaching the intersection she was going to give him the right of way. At the speed witness was travelling his car could have been stopped in its own length, about 18ft. Witness would emphatically deny a suggestion that he was travelling about therty miles an hour. It was 12ft to 14ft from the commencement of the intersection to the point of impact. Witness would deny any evidence that defendant was on the intersection first. To Mr Anderson witness said that if his car had not been braked, thus only lightly hitting a nearby tram pole, the occupants might have been seriously injured or even killed. William David Jefcoate said that he was driving the taxi following Kildare’s taxi. Both cars were travelling at about twenty miles an hour. When witness saw the small car bearing on to the taxi ahead witness applied his brakes, stopping in front of the corner door of the hotel The small car was not travelling quickly prior to the impact. _ . . Cross-examined, .witness sand that there had been no instructions as to speed, Witness followed Kildare all

the way. He was never 300yds behind, and there was never any car between the two taxis. When witness first saw defendant’s ear it was about 12ft from the intersection. The big car was on the intersection first, _ 'and as he had right of way he continued on. _ To,the Magistrate witness said that it was his belief that the defendant intended to swing to the right, thereby going round the back of Kildare’s taxi and passing in. front of witness’s car. James Plunket, storeman, gave evidence of having witnessed the accident. The big car was coming toward witness. Just prior to the accident the big car appeared to swerve slightly to the left, then to the right, when the accident occurred. In cross-examination witness said that at the time of the impact the small car appeared to lift up in front, and after the impact it was on the middle of the tram line facing north. Neither car was travelling very fast. The big car was on the intersection first. To Mr Anderson witness said he could, not estimate the speed, of the. cars in miles an hour Alfred Edward Esquilant, insurance inspector, identified a plan he had produced of the scene of the accident. A similar plan was also identified by Arthur Wimpenny, motor assessor. He gave particulars of the damage sustained by plaintiff’s taxi. Witness considered the claim of £25 for depreciation caused by the accident very reasonable. (Proceeding.)