COLLISION CASE.

Hawera Star, Volume XLVIII, 6 October 1924, Page 7

COLLISION CASE.

CURD v. STRATFORD COUNTY COUNCIL. JUDGMENT FOR PLAINTIFF. This morning, at the Stratford Court Mr. A. M. Mowlem, S.M., delivered judgment for the plaintiff for the sum of £1.71 19s 4d. Plaintiff claimed £2OO for damages sustained by his lorry on the East Road at the junction of the Gordon .Road ; near Toko, in April last, in a collision Avith a lorry belonging to the HaAvefa County Council. In rounding the corner Curd' saw the county lorry coming doAvn the hill. He- immediately swung over to his correct side, hut the county lorry keeping its Avrong side a collision occurred,. Avith heavy damage to the plaintiff. The defendant’s allegation Avas that the plaintiff SAA-ung round the corner on his Avrong side, and, thinking he was in clanger of a head-on impact if he continued on his correct side, the defendant’s lorrydriver sAvung to his Avrong side. Defendant relied on the Avell knoAvn case of Fever v. Booker, an Eltham case Avhich Avent to the Supreme Court on three different occasions, in which the Supreme Court, held.that if a man is put into a predicament Of peril the same judgment is not expected of him as if lie had full time to consider his actions. The plaintiff, h'OAveA’er, said the facts Avere not at all the same as in Fever v. Booker, as in this case the county lorry driver saAV the plaintiff at five chains distant, and had had ample time in AA’hich to make up his mind.

The Magistrate held that the case did not fall within the principle of FeA r ei' v. Booker, and gave judgment for the plaintiff against the defendant countv for the sum mentioned above.

At the hearing Mr. P. O’Dea appeared with Mr. N. H. Moss for the plaintiff, and Mr. A. Coleman for the defendant county.