ACTION FOR DAMAGES.

Manawatu Standard, Volume LIII, Issue 238, 5 September 1933, Page 7

ACTION FOR DAMAGES.

COLLISION AT INTERSECTION.

MAGISTRATE’S COURT CASE.

Action was taken in the Magistrate’s Court to-day, before Mr J. L. Stout, S.M., by William White, storekeeper, of Palmerston North (Mr J. A. Grant) to recover from Hector A. B. Coleman, farmer, of Marion (Mr T. F. Rolling) £27 13s 6d damages as the sequel to a motor collision which occurred at the intersection of Featherston and llangitikei Streets on February 26, when plaintiff’s car was driven by Mrs Morgan, of Palmerston North. Evidence was given by William White, plaintiff, that he was the owner of the car damaged in the collision. The cost of repairs had been estimated at 13s fid. He was not in the car when the collision occurred. The- car had been bought new in 1926. Mrs Julia Morgan, of Featherston Street, stated that she was an experienced driver and had a car of her own of similar design to that of plaintiff, whose vehicle she was driving on the day in question. She was travelling at about seven miles an hour in Featherston Street across the intersection with ltangitikei Street towards Terrace End, when she saw the other vehicle coming towards the city. She thought she had ample time to pass, but her car was struck on the running board near the front door. It was carried across to the footpath by the impact, and knocked down a verandah post, which fell through a shop window. Defendant appeared to have been travelling fast, his pace being up to 30 miles an hour. He should have been able to stop or pass behind her. Cross-examined, witness said she did not swerve, but kept straight on. She was over the middle of the intersection when the accident occurred. She did not try to apply the brakes; she would have been killed if slxe liad stopped suddenly. ' Herbert J. Smith, traffic manager for the City Council, stated that neither car had been moved when lie arrived on the scene. Mrs Morgan s car was against a shop window and defendant’s was near tho middle of the intersection. The cars had met practically at right angles. Defendant had said he die. not sound the horn and did not see the other car until just on the point of impact. He estimated his speed at about 20 miles an hour. Oliver Anderton stated in evidence that he witnessed the collision. There was very little traffic about. He heard Mrs Morgan sound the horn and as the car crossed the street very steadily another car came down Rangitiicei Street towards it at a much quicker pace. Mrs Morgan’s car was practically over the intersection when the collision occurred.

Evidence was given by Harold B. Clapham and Walter Jenkins concerning the cost of repairs to plaintiff’s car. Tins concluded the case for plaintiff.

Evidence was given by defendant, Hector Coleman, that he was proceeding down Ran'gitikei Street toward Palmerston North at 20 miles an hour. He looked both ways and on looking back again, found Mrs Morgan’s ear in view. She was travelling the faster, and he was nearer the intersection. He did not have time to observe the righthand rule, being 30 or 35 feet from the corner. Defendant did not at first anticipate an accident. He was about thirty feet from the middle of the intersection when he began to swerve to the left. His car was swung round by the impact, and stopped facing the kerb. The collision was a glancing one, and plaintiff’s car angled off into the shop. Cross-examined, defendant said he had admitted that he did not give way to traffic from - ' his right, because lie could not. Plaintiff was travelling much faster, but he could not say at what -speed. He had swerved because it appeared that there might be an accident. There were five people in his car and they were en route to the Esplanade t-o have lunch, but were not running late. Defendant did not reply to a letter from Mr White because he considered “silence was gold°Mr Grant: Is that your attitude ? The Magistrate: Silence is not always golden. If one has a reasonable explanation to make he should make it in time. Proceedings were then adjourned until 2 p.m.