DEATH OF PATEA YOUTH

Hawera Star, Volume LIV, 6 November 1935, Page 7

DEATH OF PATEA YOUTH

JURY AWARDS £65 DAMAGES CLAIM AGAINST MOTORIST SUPREME COURT ACTION. Damages amounting to £65 were awarded Albert John Thomas Wills by the jury in the Supreme Court at New Plymouth against William George Belton, of Patea, in an action by plaintiff for the recovery of £550 damages as recompense for the death of Clarence Bert Wills, 14 years of age, in a collision af Patea on June 13 last.

The accident occurred about 4.50 p.m. on the Patea-Hawera road. It was said Belton was motoring from Hawera on his correct side of the road when he saw the boy, Clarence Bert Wills, approaching on a cycle on his wrong side with his head clown. Belton pulled off on to the clay part of the road, but as the boy seemed to be making for the footpath on that side the motorist swerved back across the road, trying to avoid a collision. In doing so he struck the hoy, then on the bitumen, the car going on to the clay on its wrong side before turning again towards the bitumen. The hoy was attended by'a doctor but died some hours later.

Air Justice Reid was on the bench. Air L. AI. Aloss, with Air R. J. O’Dea, appeared for Wills and Air J. AI. Burns for Belton. HELP ON THE FARAI. The damages were being claimed by "Wills and his wife as recompense for the loss of exjjectation of benefits from the boy, said Air Aloss in outlining the case. He was a strong and healthy boy, who helped his father on a small farm of 16 acres and his mother in the house. Wills, a man of 41 years, Was employed at the freezing works at £4 a week. Since the accident he had found it necessary either to employ labour or to get rid of the eight cows he was milking—before the boy died Wills was milking 11 cows. He had already had to give up a lease of five acres as he could not carry it on. This meant the loss of a considerable addition to the family income. The age of the mother was 40, said counsel, who went on to explain that she was partially blind in one eye, the boy being therefore of considerable help to her in the house. The accident occurred in the Patea main street towards Hawera 10 minutes after sunset. The boy was riding a cycle home on the bitumen after delivering milk when he collided with a car that Belton was driving from Hawera to Patea.

Evidence was given by the. boy’s father. He had two other hoys, he said, both of them being employed at the freezing works in season. One earned £1 15s to £2 a week and the other an average of 16s. A girl of 16 was employed as a domestic and another, 10 years old, was at school. Cross-examined, Wills other hoys contributed towards the home when they had work. He would he only too pleased if they helped on the farm, but they did not like farm work. Witness said his cows returned him about 3001 b of fat each. The dead boy had not been paid regular wages but was given a few shillings as pocket money. Agnes K. Wills, the boy’s mother, emphasised the help the hoy had given her owing to her failing eyesight. EYE-WLTNESS’ IMPRESSTJONS. The accident was described h.y Robert Alinton, aged 13, whose home is next door to the "Wills’ i>lace on the Patea side. It was wet and getting dark. Rain had ceased, but it was still drizzling. He was walking home on the path by the cemetery gates when he saw Belton’s car, wnich had the lights on, coming from Hawera at such a speed that witness stopped and watched it. He turned to watch the car go on towards Patea. Air Moss: "Why did you turn round towards Patea, Boh?

Minton: I had never before seen a car going so fast. Mr Moss: How many were there in the car?—l only saw Belton. His Honour: It would be going so fast that you could not see how many there were? —I suppose so. Minton saw the collision. There was a loud crash, the car swerving, and ho saw a black object thrown into the air to about the height of the car. After seeing that the boy was badly hurt he ran home and told Wills what had happened. Crossexamined, Minton admitted that at the inquest he had said f;he speed of the car was from 30 to 45 miles per hour. His Honour: That is a wide margin. Mr Burns: Yes, sir. That is why I want it down.

Michael Bourke, bacon salesman, New Plymouth, who was motoring from iPatea, said he saw Belton’s car coming towards him with the lights on. It was travelling perfectly straight on the correct side of the bitumen. It was not dark, but grey. He saw the lights swerve suddenly some distance away and then the car stopped with the back tyres touching the bitumen. A man got out of the car and held up his hands as an indication to witness to stop. Witness found the boy lying across the road with his head just off the eastern edge of the bitumen.

He did not know either of the parties to the action, said Bourke in answer to Mr Burns. It would he possible that Belton’s left wheels were off the bitumen as he was approaching the scene of the accident. He was well on the correct side of the road. Judging by the time he took to pull up Belton' was not travelling at an excessive speed. He swerved at an angle of about 45 degrees in front of witness. The bitumen was wet and slippery. COULD NOT AVOID HIM. Belton said: “I could not avoid hitting him. He rode across my track. T do not know what made him do it.”

Another witness was Alistair McKay Cowie, milk vendor, Patea. By consent Mr Moss put in the statement of Belton made at the inquest.

No evidence was called for the de- j fence and in his address Mr Burns contended that the crus of the case was that the boy swerved across the track of the car, and Belton obviously had nothing else to do but pull to his right. Belton had said to Bourke, “I could not avoid hitting him. Ho rode across my track. Ido toot know what made him do it.” Counsel submitted that the suggestion of speed was not borne out by the fact that Belton had swerved oh’ the greasy bitumen on to the mud and pulled up within 30 feet. From a legal point of view Belton was within his rights in expecting that, after seeing the boy was on his wrong side, he would have ridden his cycle on to the correct side before the ■ car reached him. Instead the boy made further to the eastern side and wobbled his cycle. What else could Belton do but swerve his car to avoid a collision ! J

BOY ON WRONG SIDE In summing up his Honour said he would imagine the jury would have little difficulty m deciding that Belton was travelling on his correct side of the road. He said the evidence seemed to show that the hoy v. as travelling on his wrong side of the road. But the really important question was whether Belton up till the last moment could have avoided the accident by the exercise of reasonable care. On this point the jury was entitled to consider Belton’s statement at the inquest. After considering the circumstances it was for the jury to say whether reasonable care had been taken. The jury retired at 4.26 p.m. and returned at 6 p.m. with questions answered as follows: — Was the defendant travelling on his correct side of the road —‘Yes. Was his speed excessive and therefore negligent in the conditions then subsisting?—Yes. Was the deceased riding his bicycle on the wrong side of the road?—Yes. Could the defendant up till the last moment have avoided the accident by the exei'cise of reasonable care?—'Yes. Could the deceased up till the last moment have avoided the accident by the exercise of reasonable care?—No.