RESULT OF A COLLISION

Lyttelton Times, Volume CXIV, Issue 16430, 23 December 1913, Page 3

RESULT OF A COLLISION

MILK CART AND MOTOR-CAR AT SUMNER TRAM BRIDGE.

DAIRYMAN CLAIMS DAMAGES. As tho result of a collision between a motor-car and a milk cart at the bend in tho Sumner Road near the tram bridge at Sumner, Frederick Ernest Woodham, the dairyman, who belongs to Redcliffs, sued Hugh Robert Hamilton, the motor-car driver, a builder at Fendalton, for £3l 2s damages. There was a counter-claim of £l7 10s for damages to the car. Mr A. T. Donnelly, who appeared for the plaintiff, said that where the collision occurred there were notices on the rock warning drivers not to exceed six miles an hour. In tho road there was room possibly for two vehicles to see one another at thirty yards distance. On this occasion the plaintiff was driving into Sumner behind two drays when tho defendant came in the opposite direction, going towards town, at about fourteen miles an hour. The plaintiff had not attempted to pass the drays, but had pulled in to his proper side and had been struck when he was at a standstill. The plaintiff alleged negligence on the ground that the defendant was neither driving at a moderate pace nor had his car under sufficient control. The plaintiff, in evidence, described the accident and the damage done to his horse by the collision. He added that in company with a man named Gallagher he had called on Hamilton who said that he was- going too fast and the bend was too sharp for him to stop, and ho had had to try to get ■through. The horse had been worth £25, but now' it was not worth more than £5. Witness had incurred £5 veterinary expenses and £1 for repairs to the shaft, besides losing £3 owing to the loss of the horse’s services. Thomas Gallagher, the driver of the dray, and Matthew Gallagher, who had been present at the conversation with Hamilton, also gave evidence.

Harry Hill, veterinary expert, gave evidence that the horse had depreciated in value to the extent that he would not accept it for the doctoring. Mr Mosley said that tho defence would prove that the car had been on its proper side, and that the milk cart was on its wrong side, the result being that it was impossible for either driver to see the other further off than loft. , . The defendant said that when lie saw the drays he slackened speed to six miles an hour and he was practically at a standstill when Woodham drove into him. . _ A. J. Beavcn, carrier, P. Loasby, motor mechanic, C. Hunter, carter, and H. Macintosh, motor inspector, gave evidence. T. G. Lilico, veterinary surgeon, said that the horse w r as eleven or twelve years old. The injury to tho leg was over an old scar, and . consequently looked much worse than it would otherwise’. Ho valued the horse at £ll. Tho depreciation would be £3. . The Magistrate said that on the evidence of the only independent witness ho was bound to’ hold that the defendant was driving at an excessive speed, and that there was no contributory negligence on the plaintiff’s part. Judgment would be for the plaintiff for £8 and costs. Judgment on the counterclaim would be for Woodham without costs.