DAMAGES CLAIM

Hawke's Bay Tribune, Volume XXVI, Issue 145, 4 June 1936, Page 6

DAMAGES CLAIM

Sequel to Collision at

Corner

JUDGMENT FOR PLAINTIFF

A claim for damages totalling £23 19/6 was brought by George Ireland, farmer, of Havelock North (Mr. E. J. Hallett) against David Bathgate, medical practitioner (Mr. Green) before .Mr. J. Miller, S.M., in the Hastings Magistrate’s Court yesterday. The claim arose from a collision between cars driven -by plaintiff and tho defendant at the corner of Avenue road and Kuramu road on December 11. Outlining the plaintiff s case, Mr. Hallett said that according to the “right-hand’’ rule his client should have given way. However, the defendant, who was answering a summons to an accident, and was driving faster than, ho probably would ordinarily, did not enable tho plaintiff, who was travelling at only 12 or 15 miles an hour, to avoid the collision or to got out of the way. Plaintiffs cur was damaged and his wife was injured. His daughter had to be brought home from her work to took after the house while her mother was incapacitated from doing so. Giving evidence, plaintiff said that his car was overturned, and ho and his wife could not get out. Witness said to defendant: “By Jove, you were going some I” He said he didn’t think so, and gave a similar answer when witness expressed tho opinion that tho doctor was “doing fifty.’’ The doctor’s ear made a single skid-mark of over 31) feet. Witness’s car was considerably damaged. In his opinion the defendant’s car was travelling 100 fust, and the brakes were defective. Witness’s car was struck in the rear. Cyril Barclay, foreman motor, mechanic, gave evidence that ho went to tho scene of the accident and noticed a single skid-mark, which ho took to have been made by defendant’s eur. Evidently the brakes of that car were not fully effective. The skid-mark could have been made by another car, but it was a fresh mark.

Mr. Green, outlining the case for tho defence, said that tho doctor was travelling at a reasonable speed, and was following another vehicle until he reached the Avenue road inter-section. Ho then passed the other vehicle, and as ho did so ho looked towards his right for oncoming traffic. The doctor, seeing plaintiff’s car, swung to the right to try to avoid an accident. Tho damage was caused by an oblique blow from tho left of tho doctor’s car, and not iiom the right. It was just one of those cases provided lor by the right-hand rule. His Worship; There arc those cases in which it is a driver’s duty to look to the left as well. After hearing evidence for the defence His Worship gave judgment for plaintiff for £23, with costs totalling £4 10/-