MOTOR COLLISION

Greymouth Evening Star, 26 March 1929, Page 2

MOTOR COLLISION

— CLAIM FOR DAMAGES A head-on collision at an awkward bend near the 15-Mile peg, betXveeen Greymouth and Punakaiki, made Sunday, January 13, an unlucky day for two motorists, and resulted in proceedings at the Magistrate’s Court to-day, when Thomas Groom (represented by Mr. J. W. Hannan) claimed damages from Kennedy Bros, (represented by Mr. W. J. Joyce), alleging negligence. The amount claimed totalled £4B/18/6, made up as follows: Repairs £23/1/-, towing car to Greymouth, £2/17/6, taxi hire to Punakaiki £3, depreciation £2O. Thomas Groom, the plaintiff, said he had been driving cars for twelve years, without a previous accident. On Sunday, January 13, he left Greymouth at 3 p.m. for Punakaikai, accompanied by his wife. He stopped for ten minutes at Runanga, and reached the 15-Mile peg about 4.15 p.m. There was an awkward bend 40 or 50 yards from that where the accident occurred. He was driving slowly, as it was rather a bad time to go out, as he expected to meet cars returning from Punakaikai. After turning the first bend he pulled out of the ruts and went as far as he could to the left, as near as possible to the cliff. He was right off the gravel, and on the grass, on which he travelled about 40 feet before reaching the bend where the accident happened. He saw Kennedy’s car when it was about 40 feet from him, and he put the handbrake on. Immediately afterwards Kennedy’s car struck his car midway between the head lamps. When Kennedy got out of his car he was shaking like a leaf and was terribly excited. Kennedy said he jammed his brakes on, but could not stop his car. Kennedy then denied that he was to blame for the accident, and wanted witness to shift his car, saying that he could not get past. He tried, however, and got past without any trouble. Fifteen or twenty other cars passed later. Witness refused to shift his car until Inspector Sloss saw it. Kennedy came down the hill too quickly and'took too wide a turn at the bend. In witness’s opinion, that caused the accident. To Mr. Joyce: He did not tell Kennedy that he had not seen him before

the cars met. The visibility was bad at the time. Kennedy was not hugging the bank on his proper side. He asked Kennedy why he took such a wide sweep at the bend. He showed Inspector Sloss the wheel marks of Kennedy’s car two hours later. Mr. Joyce pointed out that many cars had passed over the road in the meantime. Plaintiff stated that Kennedy’s car continued to go ahead several feet after the brakes were applied. Plaintiff’s car was knocked back 12 or 15 inches. Mr. Joyce produced a photograph, taken immediately after the accident, but plaintiff stated that a certain mark was caused by water running over the road, and not by a skid. When he first saw Kennedy’s car he was not in the middle of the road, but on the left hand side. Several motorists told him they would not have gone so near to the cliff as he did. The weather was fine but dull at the time of the accident, and heavy rain fell on the following day. He did not think he passed any cars going to Punakaiki, but numerous cars were coming back to Greymouth. To Mr. ♦ Hannan: His car was knocked directly back, about 15 inches, the front wheels turning slightly with the shock. Kennedy’s car was driven by Frank Kennedy, son of one of the defendants. To the S.M.: His car was not moved until after Inspector Sloss took measurements. Mrs. Rita Groom, who was in the front seat of plaintiff’s car, said that she called her husband’s attention to the danger signals near the bend, and he drove slowly on the lefthand side. She was looking out to the sea, and did not see. Kennedy’s car until the head-on collision occurred. Her husband could not have gone any further to the left, owing to the cliff. There was plenty of room for Kennedy to pass had he been travelling slowly. Kennedy was very anxious to get her husband to shift the car, and so were several other motorists, who were very smart at taking measurements. They knew her husband was on his correct side. He refused to shift the car until Inspector Sloss

arrived. Witness remarked that Inspector Sloss would know “what’s what.” She did not keep a look-out, because she had every confidence in her husband’s driving. Kennedy must, have taken too wide a sweep at the bend, because his car struck theirs in front of the radiator, denting it, smashing both headlamps, and damaging the mudguard. Traffic Inspector A. J. Sloss stated that he arrived at the scene about 6.30 p.m. Kennedy’s car had then returned to Greymouth. Mr. Groom showed him the wheelmarks, which showed for 34 feet on the grass, on the left-hand side of the road. He had no doubt they were the wheel marks of Groom’s car, and they were

absolutely as near the cliff as it was safe to go. In witness’s opinion, it was quite possible for a carefullydriven car to have passed Groom’s car at the bend. Witness did not see the accident, and would not like to say what was the cause of the accident. To Mr. Joyce: Groom told him that his car was stopped, and witness based his assumptions on that. If Groom’s car was moving, witness reckoned they were “fifty-fifty” to blame. He understood both drivers to say that they did not see each other until the impact took place. Kennedy told him he was as close as possible to the bank. Had witness been driving Groom’s car he would not have gone so far off the road on to the grass, which was not safe, as a rule, on the West Coast. Kennedy’s car struck Groom’s more on the right-hand side, but when he inspected the scene he could not tell where the accident really took place. Kennedy’s car had been removed. To Mr. Hannan: Groom’s car appeared to have been pushed straight back, and not sideways. To the S.M.: The car in which witness went out easily passed Groom’s. There was a tendency to swing out on the part of cars coming to Greymouth in order to avoid striking with the hood an overhanging piece of rock. Witness was told some marks were those of Kennedy’s car, but could not swear to that, as other cars had also passed around the bend. Herbert McGlashan, garage proprietor stated that the repairs to Groom’s car were all necessitated by the collision, and the further claim for £2O depreciation was very reasonable. The car had not a blemish on it prior to the accident. The indications were that the dumb-iron of Kennedy’s car caught the rim of Groom’s wheel. A strong steel bumper on Groom’s car was buckled up. To Mr. Joyce: Groom’s car originally cost £4OO, and witness placed its present value at £350. The mileage done was only about 5000. The impact would not be very hard, but would be more like a push. Groom’s car was not very heavy, and Kennedy’s car would be likely to push it back. The width of Kennedy’s car would be about 6ft 21 inches, and Groom’s would be about sft Bin.

CASE FOR DEFENCE For the defence, Mr. Joyce contended that Groom’s car had been in use three or four years, and the claim for depreciation was excessive. Michael Lawrence Dwyer, commercial traveller, who arrived at the scene about 4.30 p.m. said his was the first car to arrive after the accident. He measured the distance from the toe of the rock wall to Kennedy’s car, and that was eight inches. The car had left the ruts at least 30 feet before the scene of the accident, and was as far over to the rock wall as was safe to go. Groom’s car had been pushed, three feet sideways across the road. Witness took that measurement. He also found that Groom’s car had been in the centre of the road to within 20 or 30 feet of the place where the collision occurred. He believed that Groom had pulled over to the left too late. Mr. Mason took the measurements, Mr. Beck assisted, and witness checked them. It would be suicidal to go out on the extreme left. Groom’s car was not on the extreme left. The back of it occupied two-thirds of the road, and the front had been pushed further to the left. Had Kennedy’s car not pushed Groom’s out, the vehicles could not have passed. Witness was absolutely independent of the parties to the case. To Mr. Hannan: He was doubtful whether Groom’s tyres had been on the grass, and he characterised Inspector Sloss’s statement on that point as incorrect. To Mr. Joyce: Kennedy stated that his speed was 12 miles per hour, and Groom estimated his speed at 15 miles per hour. Percival Beck, who arrived after the collision, said that the cars were holding up traffic, so it was decided to take measurements. He did not notice any skid marks. Kennedy’s car was about twelve inches from the rock, and was as far from the rock as was safe. Groom’s car appeared to have been pushed sideways about fourteen inches. He did not consider there was room for two cars to pass in safety at the bend. Kennedy requested witness to take measurements.

To Mr Hannan : He did not notice the wheel marks at the rear of Groom’s car. There was only 4ft 6in between Kennedy’s car and the cliff. lie did not think that Groom’s car was pushed three feet to the left; the tendency would be to push the car backwards. He considered Groom had gone as far to the left of the road as was sa'fe. Frank Kennedy said he had been driving for about twelve years, and had never previously had an accident. On January 13 he left Punakaiki about 3 p.m. When nearing the 15Mile peg he kept as close as possible to his left-hand side. He did not see Groom’s car until just before they struck. Groom appeared to be more in the centre of the road than to the

left. He blew his horn three times, but he did not hear Groom’s horn. (Witness was travelling ten or twelve miles per hour. He told .Groom he could not get any nearer to the rock. As soon as he saw Groom’s car he applied all the brakes, and stopped in three or four feet, but his car struck and pushed Groom’s car. A young lady took some photographs before the cars were moved. One of them showed the skid mark made when Groom’s car was pushed sideways. The visibility was very bad at the corner, which was one of the worst on the road. He was driving very carefully. Witness examined Groom’s wheel tracks, and they showed that he did not swerve out from the centre of t'he road to the left until almost on the bend. Had Groom’s car not been pushed sideways, the cars could not have passed. Witness’s car was damaged on the bumper and mudguard, and the axle and steering rod had been affected. It seemed to him that Groom was too near the centre of the road before the accident.

To Mr Hannan: He had been travelling in second gear all the way down the hill, and eased up at the bend. He usually did ten or twelve miles per hour on the hills. Inspector Sloss estimated the visibility at the corner at about 45 feet, but witness thought it was not that much. He applied the four-wheel brakes and the emergency brake as soon as he saw Groom’s car, just at the corner. The latter was pushed three feet sideways. He followed Groom’s wheel marks back for about 15 feet, and they were in the centre of the road. Neither wheel mark was on the grass. He pointed out the wheel marks to Groom, in the presence of Dwyer. Groom denied that they were his marks, although witness showed him the tread of the tyres. The marks were in the centre of the road almost to the bend. He told Groom he applied his brakes, and stopped in a few feet. Groom said he did not heai’ witness’s horn and witness did not hear Groom’s horn. Groom had his wheels around on the right-hand lock. Mervyn Jamieson, a passenger in Kennedy’s car, said that Kennedy was travelling at about twelve miles per hour, and could not have got any closei’ to the bank on his left. Groom’s car was about 30 feet distant when witness first saw it, and was following the ruts, which were on the hill side. In witness’s opinion, there was no doubt that Groom was really on his wrong side, of the road. Both cars were travelling at about the same speed. Witness followed Groom’s wheel marks for many yards; at no point did he leave the formed road until he was struck by Kennedy’s car. In witness’s opinion there was not sufficient room for the cars to pass on the bend. He was positive that Kennedy sounded his horn three times, and took every care. Groom said some marks on the grass were made by his tyres, but that was ridiculous. Witness and his brother, now in Australia, showed Groom the marks made by his tyres. The visibility at the corner was about 30 feet. The side skid marks made by Groom’s right wheels were very clear, and continued for nearly three feet.

Allan Jamieson, also a passenger, corroborated his brother’s evidence regarding Kennedy’s position, and stated that Groom was in the centre of the road, and did not turn to the left until pushed over by Kennedy’s car. Witness did not examine the wheel marks. He did not hear Groom’s horn, but was positive that Kennedy sounded his. 'There was not sufficient room for two cars to pass in safety at the bend.

To Mr Hannan: Kennedy applied his brakes when six or eight feet away from Groom’s car.

William Mason stated that the visibilitjr at the bend was pool’ when both cars were near it. Mr Beck asked him to take measurements. From the hillside to the running board of Kennedy’s car was a foot. After the accident the cars were fourteen inches apart. He would not have driven any closer to the rock than Kennedy had done.

To Mr Hannan: He did not inspect the wheel tracks?. Unless Groom’s car was at the corner, he did not ■think it could have been seen from Kennedy’s car at a distance of 30ft. To Mr Joyce: If one car had been 15ft on the Greymouth side of the bend, and the other 15ft on the Punakaiki side, it would have been impossible for the occupants to have seen each other.

Counsel declined the S.M.’s invita tion to address the Court, and Mr Mel drum reserved his decision.