MOTORISTS IN COURT.

Hawera Star, Volume XLVI, 14 April 1926, Page 4

MOTORISTS IN COURT.

SEQUEL TO COLLISION

CLAIM AND COUNTER-CLAIM

SPEEDING ALLEGED

The sequel to a, motor collision at the corner of the Hastings and Elthaui roads, near Mangatoki, on February 7, took place at the Magistrate s Court a,t Hawera this morning, when W. O ’Callaghan, garage proprietor and motor dealer, of Hawera, took proceedings against Harry C. Hawke, tobacconist, Oi Kaponga, for the recovery of £l5O estimated as the extent of damages to plaintiff’s car as the alleged result of negligence on the part of defendant, and £IOO estimated as the consequent depreciation in the value of the car. Defendant, on the other hand, alleged the accident was due to negligence on the part of the*driver of plaintiff’s ear, and counter claimed for the sum of £74 18s 6d as damages to his car and £IOO y depreciation resulting from 'the damage sustained. Mr ,P. O’Dea appeared for O’Callaghan and Mr H. G. Brodic for Hawke. Outlining the. case for his client, Mr O ’Dea said that on. the date mentioned Charles Sattler, employed by O’Callaghan as a car salesman, was driving ' a car belong to the latter on the Hastings Road in the direction of Lowgarth. This road was an important route and could not be classed as a byroad. At the intersection of the Eltham Road, Sattler’s ear and one driven by Hawke, the latter travelling in. the direction of Eltham, had come into collision. It would be submitted that Sattler, being, the first to appear on the intersection, had the right-of-way, but when Hawke had been asked why he had not allowed Sattler’s car - to pass Hawke had replied:» ‘ £ l am on the main road.” This, counsel submitted, could not be justly claimed, as both routes were of importance. Hawke’s Teply had „ been given in answer to a statement made by a passenger in Sattler’s ear, who had said:

“You had no right to be travelling at such a speed, and' should have t sounded your horn.” • ' • . Sattler was driving with a prospective purchaser of the car, and just prior to reaching the intersection was not travelling at more than 12 to 15 miles an hour. When first seen by those in Battler’s ear, Hawke’s car was two or three times as. far away from the intersection as the former, and was travelling at what they considered was a terrific speed. Evidence would be brought to show that .Hawke’s car had struck that driven by Sattler, the front of the former, first coming into contact with the front left-hand mudguard of the latter vehicle.

Photographs of the vicinity and of the skid marks were produced by counsel, and on thei suggestion of the Magistrate the court was- adjourned at 11.50 •a.m. until 2 p.m., in order that he with both counsel could visit the spot.