SEQUEL TO MOTOR ACCIDENT

Evening Star, Issue 22720, 6 August 1937, Page 13

SEQUEL TO MOTOR ACCIDENT

CLAIM FOR DAMAGES In the Magistrate’s Court yesterday afternoon Veronica Mary Graham, of Taieri Mouth (Mr G. B. P. Wilson) claimed £43 9s 6d from James Fraser, a contractor, of Dunedin (Mr E. J. Anderson) for repairs to a car and depreciation as the result of a collision, between the car and a lorry owned by the defendant. The accident occurred on the road between Brighton and Green Island on February 18. Evidence was given by Mrs Graham that she was driving towards Dunedin behind the lorry, which was carting spoil from a “ digger ” to a pit. When it had just passed the mouth of the pit it stopped suddenly, without any signal, and was put into reverse. Witness had stopped and sounded her horn, but she had no time to move her car away in reverse before the truck hit it. Evidence was also given by William Victor Graham, owner of the car, and Thomas Clark Middlemiss, a foreman mechanic. Evidence for the defence was given by the defendant and by John Alan Fraser, driver of the lorry, Edward Rooney, and Ernest Cropp, who were working in the pit. Mr Anderson submitted that the plaintiff had the opportunity to avoid the accident, whether or not there had been negligence on the part of the driver. ' Tho Magistrate criticised the evidence of the driver of the lorry and accepted that of a previous witness for the plaintiff, the driver of another car which was preparing to pass the lorry and-the car at the time of tho accident. Judgment was entered for the plaintiff for £2B- 9s Gd, repairs to the car. £lO depreciation, costs, and witnesses' expenses.