SUPREME COURT

Hawke's Bay Tribune, Volume XX, Issue 295, 2 December 1930, Page 9

SUPREME COURT

NAPIER QUARTERLY SESSION CLAIM FOR £2,000 DAMAGES. BEFORE HIS HONOUR MR. JUSTICE BLAIR. The hearing of the claim for £2,000 damages, compensation lor the loss of her husband as the result of a motor collision, made by Margaret Mclntosh (Mr. H. B. Lusk) from Aainsley Clarence Holden (Mr, J. Mason), was continued at the Supreme Court, Napier, before His Honour Mr. Justice Blair, yesterday afternoon. Continuing his evidence, E. J. V. Barry, a passenger in the car driven by I’ortei, aboard which Mclntosh was, stated that before leaving on the return trip he had a drink with Porter and another, at Waikare. At the time of the impact he noticed the defendant’s car sliding by. He was considerably shaken up by his 60-foot drop. Mr. Mason: How did you get up again?—l had a rope tied round mo and was pulled up. Where did they get the ropes?—l don’t know; I was down below and could not see. I advised them to get ropes or get down the way we did. What are you going to do if this action is successful? Are you going to claim damages?—That is on the knees of the gods. You have made a claim already?— Only a protective claim. I did not feel too good and hflve a family to keep, so I left the matter in the hands of mv solicitor in order to protect myself. EXAMINED WHEEL MARKS. Francis James Lloyd, motor mechanic, of Napier, gave evidence that he arrived at the scene of the accident a few minutes after it had occurred. He examined the tracks ot the truck and found clear marks about two chains from the scene of the accident and about 18 inches from the side of the road. They came in gradually until they were nine inches from the bank. The marks of the othi r car were 6ft. 4ins. from the bank. He said to Holden: “Good God, man! You were on the wrong side of the road.” the car skidded it was sft. 7ins. from the bank and it skidded the nine inches. Following the tracks towards Napier he found the marks of the car running 3ft. 6ins. from the bank or, in other words, on the wrong side of the road. A gash two inches deep and 18 inches long scarred the surface of the bank, made presumably by the wheel-hub of the truck. This he picked up on the road. Alfred Joseph Baker, motor-lorry driver, of Napier, gave evidence that Porter was a careful driver. He had inspected the scene of the accident, his evidence at this point being corroborated. This concluded the evidence for the plaintiff. DEFENDANT’S CASE. Addressing the jury, Mr. Mason said that on one hand they were on common ground and that was sympathy for the plaintiff. However, it was not a question of sympathy but of negligence and the jury would have to exclude sympathy from their deliberations. It did not follow that because Holden was driving in the centre of the road he was guilty of negligence. In point of fact, he was on tie left side of the centre of tne road’ when the impact occurred. Evidence would be called to show’ that a lorry was able to pass between Holden's car and the bank. The defendant was charged with four counts of negligence but at the time of the impact Holden had stopped within live feet, yet his car was badly knocked about; so he could not have been travelling at 30 miles an hour. He must have been keeping a good look-out, otherwise he could not have stopped so suddenly. The truck was travelling so fast that Barry hail not time to jump clear. The defence was that the accident was entirely due to Porter, who was travelling at an excessive spied. In his evidence, Porter had stated that the custom for vehicles approaching that corner was to pull more towards the centre of the road to avoid the crumbling edge of the gorge and thus he should have taken greater precaution in negotiating it. Porter had had little driving experience whilst Holden had driven three cars over a total of 30,000 miles. Evidence for the defence was then called. THE MARK ON THE BANK. Wilfred S. Evans, a barntan employed at the Waikare Hotel, statid that he had examined the mark on the side of the bank anil considered that it was made some time before the accident occurred. Constable L. Campagnolo gave evidence that he had examined this mark at 6.20 on the evening of the accident by the light of his torch and had come to the conclusion that it had been made on a previous occasion for there were splashes of dried mud on it. On the morning following he had again examined the mark, his finding coinciding with his previous conclusion. It would be unsafe to travel at 20 miles an hour at that part of the road. The mark Would be about a quarter of an inch in depth. Mr. Lusk: A quarter of an inch! We have had evidence to show that it was two inches in depth. Witness, continuing, said that the mud in the mark must have been thrown on when the clav was wet. Raymond Charles Goldstone. motor-lorry contractor, of Wairoa. gave evidence that he drove his lorry through from Wairoa to Putqrino on the day of the accident. Arriving at the spot with a load of cattle, he asked Holden to shift his car. This was .after the collision had occurred and the bodies had been taken through to the Waikare hotel. He refused to move it so he drove through; on returning later Holden's car was in the same position. The over-all width of his lorry was eight feet. To Mr. Lusk: He got through without touching either Holden’s car or the hank. Albert Street, motor-driver employed by tho Eclipse Carrying Coy., Napier, statid that he came through from Wairoa with Lloyd on the day of the accident by lorry, arriving there about 4.30 p.m., just after the collision had occurred. He remained there until 7.30 that night. Holden’s car was not shifted and he passed by his stationary car with his seven-foot lorry with ease. At this stage the hearing was adjourned to this morning.