CLAIM FOR DAMAGES

Evening Star, Issue 22336, 12 May 1936, Page 6

CLAIM FOR DAMAGES

CASE CONTINUED The case in which Herman Ostarascb and Henry Smith claimed damages amounting to £SOO from W. h. Gray and Son (Green Island) as the result of a motor accident on the Main South road between Balclutba and Dunedin on August 17 was continued iu tbe Magistrate's Court, beloro Mr J. R. Bartholomew, S.M., yesterday afternoon. Messrs D. A. Solomon and W. D. Taylor appeared for the plaintiffs, and Mr B. P. Wilson for the defendant. After evidence bad been given by Ivan H. Penrose, garage manager, tbe case for the defence was opened by Mr Wilson, who said that two contentions would be made. First, that the accident happened without any negligence on the part of flic driver, and, secondly, that tbe injury to Ostarascb did not arise in tho course? ol the driver's ordinary employment, and. consequently, his employer was not responsible for compensation. Constable Buchanan, of Balclutba, stated that he had made an examination after the accident. The corner was a bad one for traffic, a_s it dipped abruptly on the left-hand side. There was a strong wind blowing tip the gully and over the road at the time. Alick Leonard, lorry driver, of Balclutha, said he lived near the scene of the accident, and regularly used the road. He visited the corner after the accident. It was dangerous if a man did not know the road. The camber was very steep on the inner side, and the surface there was also bumpy. The road there had the reputation of being badly exposed to winds. If he were running on a strange road with a load he would try to keep his truck as level as possible on corners. His opinion was that the truck must have been almost under control when it capsized, as there was so little damage. To Mr Solomon; Tho marks of tbe truck were further over on the road than he would have been if driving there.

Frederick Ellis, motor mechanic, of Dunedin, also gave evidence about the surface of the road and the camber on the corner. To the magistrate, he stated that the truck was further over than it would have been if the driver had been careful.

At this stage the bearing was ad journed until to-day.