MOTOR COLLISIONS

Grey River Argus, 5 February 1930, Page 8

MOTOR COLLISIONS

CLAIMS FOR DAMAGES. A collision which occurred between a Ford car owned by Arthur Bradley, of Ikamatua, and a Chevrolet car, the property of Howard Wootton and Alien Howarth, on the Nelson Creek Road last March, had its sequel in the Greymouth Magistrate’s Court yesterday when Wootton and Howarth claimed from Bradley the sum of £3l 11/9 for nepairs (£ll 11/9) and general damages (£2O) to their car. Mr J. W. Hannan appeared for plaintiffs, and defendant was represented by Mr W. J. Joyce.

Evidence was given by Constable Conway, of Blackball, who stated that he was called to the scene of the accident on March 16, a few hours after it occurred. He arrived about 2 p.m. The accident happened at a bend on the Nelson Creek road. Wootton was driving one can, and Bradley, Junr., the other, Wootton travelling north, and Bradley towards Nelson Creek. The wheel marks were quite visible, and could be traced where the collision occurred. Wootton'could not have gone any further over to his left hand side, but Bradley had at least three feet to spare. To Mr Joyce: Bradley, Junr... reported the accident to witness. The gravelled portion of the road at the point of the collision was lift in width. On one side was a bank, and on Bradley’s side a declivity. Wootton ’s car was 30yds from the point of the impact, and looked as though it had been pushed there. There was bad visibility at the corner. It was usual for the cars to keep in the wheel ruts, as there was no a right and wrong side to the road. The marks showed that Bradley had attempted to pull off to his left, but apparently did not get sufficient time before the ini pact occurred.

To Mr Hannan: Bradley pointed the marks of his car out to witness.

Guido Schaef. motor mechanic, gave evidence of the repairs to plaintiff’s car, necessitated by the collision. For the defence, Arthur Bradley, Junr., stated that together with four passengers he left Ikamatua at 8.30 a.m. on the morning of the accident, with the intention of visiting the Nelson Creek sports. The accident took place about 9.40 a.m. at a bend in the road where there was little visibility. Plaintiff’s ear was not noticed until it was almost upon his own car. He applied the brakes and swerved to the left, but the other car tried to shoot past, and struck the rear wheel of defendant’s car. To Mr Hannan: Wootton could have gone over a little more to his left side. He commenced to pull over to his loft before he saw Wootton’s car. If he had pulled to the side a little sooner the accident would not have happened. Evidence for the defence similar to that of the previous witness, was also given by John McLennan and Leonard McLennan, who were occupants of Bradley’s car at the time of the accident.

The S.M. said that the evidence of Constable Conway, who inspected the scene three hours after the collision, and had the car marks pointed out to him by Bradley, Junr., went to show that Wootton was travelling on his correct side of the road, as close in to the bank as he could get. Bradley’s can was in the centre of the road, but just before the collision he pulled ’t to the left. The poor visibility made it impossible for him to avoid a collision. as he was travelling at an excessive pace, and it was a mistake ♦ □ keep to the middle of the road. Judgment would be entered for plaintiffs for £ll 11/9 cost of repairs, together with £l5 general damages, witness expenses 19/2, solicitor’s fee £2 12/-, and court costs £2 6/-, a total of £32 8/11.

A claim by Frederick William Henry Dodd, of Greymouth (Mr J. W. Hannan) against George Stanton (Mr W. J. Joyce). James Carson (Mr G. A. Revell), John Harrington and James Armstrong (Mr W. P. McCarthy) jointly as defendants for £3O 17/-, ns the result of a collision between plaintiff’s Chrysler car, and a Ford car alleged as being the property of the four defendants, in Boundary Street on November 24, 1928, occupied the attention of the court for some considerable space of time. The main point at issue appeared to confine itself as to ownership of the Ford After hearing evidence as to the collision, and that given by Harrington, Armstrong and Carson, each of whom denied being members of th? Jubilee” mining party at the time of the accident. His Worship decided in favour: of plaintiff. The S.M. stated that on the date of the accident defendants were registered as the owners of the “Jubilee” mine. Evidence had been given that Harrington and Armstrong had sold out, or had ar-

ranged to sell their shares but the sale had not been completed until December 2. so that although the different witnesses had sworn they were not. partners in the car at the time of the collision, they were legally liable, along with Stanton, excepting Carson, who had never held an interest in the car. Judgment, would be given against Stanton, Harringtbn and Armstrong for £2O 17/- (being repairs £lO 17/and general damages £10) with witness expenses £2 5/-, court costs £3 2/-, and solicitor’s fee £2 12/-, a total of £2B 16/-.