MOTORISTS IN COURT.

Hawera Star, Volume XLVI, 29 April 1926, Page 5

MOTORISTS IN COURT.

O’CALLAGHAN v. HAWKE.

EVIDENCE CONCLUDED

The hearing of evidence'in the motor, collision case O’Callaghan v. Hawke, claim and counter-claim, was concluded in the Alagistrate’s Court at Hawera yesterday afternoon,., but no decision was given, the Magistrate, Air. J. S. Barton, S.All, intimating that in view of the complicated nature of the evidence, he would before giving judgment find the facts of the ca-se and give counsel- the opportunity of * presenting; legal argument.. In the continuation of his evidence defendant Hawke, under cross-examin-ation by Air. O’Dea, contended: that Satler’s. ear, had increased speedi when on the intersection,.;. He denied that he was usually a fast, driver, and he did not think that he had ever made a statement to the effect that lie could drive the car from Ka pong a to Eltham in 10 minutes. When witness noted the acceleration ,in the pace of Satler’s car he had thought a collision was likely. Despite any denial by Satler, witness was sure in his ownL mind that Satler had subsequently said he (Sutler) had speeded up to get across the intersection. '

To the Alagistrate witness said he was quite , clear in. his recollection-of the rear of his own car haying lifted and then swung towards Satler’s car when the two: engaged. r

To Air. O’Dea witness denied haying said “I am on the main road” when spoken to after the crash-. His car was under control when, doming to the intersection, and he could possibly have turned to.the right or left. He actually did turn partially to the left. Eileen Af. Hawke, wife of defendant. gave corroborative evidence. Constable o'’Donoghue, recalled by Air. Brodie, said that the skid mark left by Hawke’s car measured, 47 feet to the actual point of impact. To the magistrate witness "said that the score on the road from the point of impact to the place where the cars came to rest indicated a sideways rather than a forward motion. •

Frank Aluggeridge, Eltham county engineer, said that recent records taken on the Eltbam-Opunake Road showed a tally of 296 vehicles a day. This road was classified as a main highway. He did not think the classi. fication of the .Hastings Road as such had been considered. To Air. O’Dea witness said the Hastings Road was regarded as a side road.

Ernest Harry Eason,,, motor ..mechanic, Stratford, detailed the repair work necessary to Hawke’s car as the result of the collision, and. read a list of costs amounting to £74 18s 6d. The depreciation might be £IOO or more, regarded from the standpoint of the effect of the smash on the • price which would be obtained if the car was offered for sale. He detailed the results of braking tests he had r carried out with Hawke’s car. Travelling at 20 miles an hour the skid marks from the braking point to the point where the car had stopped was 34 fget; travelling at 25 miles an hour the .marks showed for -66 feet, and at 3D- miles an hour for 98 feet.;

To the magistrate witness said that during the tests only one adult had been in the car. Had two adults and two children been in the car it would have travelled further.. Any lifting motion of the rear of a car after engaging as apparently the two in the collision had done would probably be more pronounced, if the impetus was great. _, . .. . _ Laurie Wilfred Hall, motor mechanic of Stratford gave supporting evidence. Edward W. Blackwell, town board employee, Kaponga,. and Ernest A. Briscoe, deposed* to having taken a tally of traffic for two hours on-March 24 and 25 on the Eltham-Opunake and the Hastings. Roqds respectively. On the first day 24 cars had passed on the Eltham-Opunake Road and five on the Hastings Road. • On the following dav the respective tallies - were 48 and io: Robert Joseph Laird, engineer, of. Auckland, presented details of braking tests and the average results to be expected 'with cars travelling at given speeds. He was of the opinion that Hawke’s car had struck the other, but that Hawke’s car was moving slowly—not more than five , miles an hour — when the impact occurred. During the examination of this witness the magistrate said: “Without any doubt whatever I shall find that Hawke’s car hit Satler’s.” .... This concluded the evidence, and, as already indicated, the magistrate announced that he would give his opinion on tKe facts later.