MERTON FATALITY

Evening Star, Issue 21709, 2 May 1934, Page 11

MERTON FATALITY

SUPREME COURT, PROCEEDINGS ACTION FOR DAMAGES The hearing was resumed in the Supreme Court this morning before Mr Justice Kennedy and a jury of the claim for £2,000 • (damages m respect to a fatality on the Dunedin-Waitati road) by Jessie Rae Bray (widow or Joseph Francis Bray), - of Merton, against Norman Hamilton Gilmore, or Main North road, Dunedin. _ ; Mr P. S. Anderson appeared for the plaintiff, and- Mr A. N. Haggitt for the defendant. The case for the defence was resumed, and evidence was given by Constable M'Robie, of South Dunedin, that in May last year he was relieving at Waikouaiti. He visited the scene of the accident-on-the night it happened, and after looking round he took statement from the defendant. • The body was taken to Waikouaiti on the defendant’s lorry. On examining the lorry witness saw on the projecting edge of the drop board on the righthand side, blood and horsehair. There wero.no marks on the front of the lorry. Witness had the lorry tested by Mr Richardson, who found the lights and brakes in perfect order. Next morning witness went back to the scene of tho accident and took measurements. He prepared a plan (produced). The probable, point of collision he fixed by a pool of blood on the road, nine feet out from the left of the edge, facing north. The lorry had pulled up 60ft from the point of collision. Cross-examined by Mr Anderson, Witness said that he had nofc measured on the night of the accident the distance'in which the lorry pulled up. He took no measurements that night, but went back to take them the following morning.' If the impact took place where witness. supposed it did, and if the defendant swerved to his left just before the mishap it would appear that the defendant had been cutting the corner. _ George Shaw, private bailiff, gave evidence that on the night of the accident the deceased came ,off the 4 o’clock bus from town and later drove the cattle off the property and came back to drive the norses off. The deceased was in a very excited state. -To Mr Anderson: Witness said that this would ,be about 5 o’clock, but in the state he was in he could not have cooled down two hours later. Similar evidence was given by William' James M‘Donald, bailiff, who described the deceased as a very excitable man at times. The court adjourned until the afternoon.