CARS COLLISION

Greymouth Evening Star, 20 July 1945, Page 4

CARS COLLISION

CIVIL ACTION AT .GREYMOUTH Arising from a collision between two motor-cars on the GreymouthHokitika Main Highway on June 30, a claim for damages and a counterclaim were heard in the Magistrate’s Court this morning, before Mr A. A. McLachlan, S.M. Herbert William Beams, of tne' R.N.Z.A.F., claimed from Laurence Henry Evans, mechanic, of Hokitika, £l5O for damages to th'e car he was driving, alleging that defendant failed to Keep to the left of the centreline of the road; that he failed to keep a proper look-out; that he failed to apply his brakes and stop in time to avoid a collision; that he travelled at an excessive speed in the circumstances; and that he failed to slow down and steer clear of plaintiff’s car. Defendant, Evans, lodged a counterclaim, making similar allegations against Beams and claiming £l2O damages. Mr W. D. Taylor appeared lor plaintiff, Beams, and Mr J. W. Hannan, with him Mr M. B. James, of Hokitika, for defendant. By arrangement, the evidence ot two witnesses, Beams and Sense-, mann, in a police charge against Evans of failing to keep as lar as practicable to the left-hand . side, ol the road, was heard in conjunction with the civil claim. Senior Sergeant G H. L. Holt represented the police. | Mr Taylor said that the claim arose out of a collision between two motorcars near Camerons. At present, neither party was able to say tne. exact cojst ol the repairs to the cars ■ and the point at issue in the present proceedings was the question of liability, with the amount to be decided later. Beams, with Bensemann as a passenger, was coming to Grey mouth from Christchurch at the time of the accident just south ql Camerons. Beams would say that he was, on his correct side of the road, ana that the other car appeared to be well over the centre line of the roaa; and also that the other car appeared to make no effort to move across to its correct side. . , , . .~ I Evidence was given by plaintiff (Beams), Raymond Chyer Bensemann, a passenger in plaintiffs cai, Robert Francis Woodhouse, and Constable J. B. Jones, the latter of whom produced a plan of the scene showing the relative positions of the cais after the accident, and prepared from measurements he took before the cai s had been moved. ~ For the defence, Mr Hannan said defendant would say that plaintiff s car was on tha wrong side of the road and that his lights dazzled him (defendant); that he could see a collision was imminent, and that as he co }-’/ not get any further over to the lefthand side of the road he braked, and that the car was stationary when hit by plaintiff’s car. Defendant woulci also say that his car was pushed back about a car’s length and that the othei car went over the side of the load. Defendant, after evidence on tinlines of- Mr Hannan s statement, said that on the plani prepared.by the constable the positions ol the two cars were not shown correctly. He produced a plan which he drew ol the sceno of flic accident. e _ Further evidence was given f or defendant by Paul Aloysius Roy Quinn, 3 ThfEiS had'nh concluded ol the luncheon adjournment.