MOTOR COLLISION.

Manawatu Standard, Volume LIII, Issue 286, 31 October 1933, Page 7

MOTOR COLLISION.

CLAIM FOR DAMAGES. PLAINTIFFSUCOEBDS. Arising out of a motor collision in June last a case was heard before Mr J. L. Stout, S.M., at the Magistrate’s Court, to-day, when J. C. Taylor, of Alton, farmer, proceeded against D. W. Reid, of Feilding, farmer, claiming that on or about June 17, at Palmerston North, defendant so carelessly, negligently and unskilfully drove his motor car at the intersection of Broadway Avenue and Ruahine Street that it collided with the motor cycle ridden by Cecil Alick Taylor, brother of plaintiff. Damages were claimed as follow: —Costs of repans to cycle, £24 4s; depreciation to cycle, £3O; general damages, £lO. Mr A. M. Ongley appeared fox plaintiff and Mr J. Graham (Feilding) for defendant. , . C. A. Taylor gave evidence that, m June last, lie borrowed his brother’s motor cycle to proceed from Patea to Mangataiuoka. On arrival in Palmerston North he called at Ruahine Street and, on leaving, was travelling at'under 20 miles per hour, when almost across the intersection of Broadway Avenue, lie collided with a turning car. He endeavoured to get over on to the footpath, but was prevented from so doing by the presence of some children. The car driver gave no indication of his intention, to turn into Broadway, prior to doing so. Witness accelerated in an endeavour to avoid the car, but narrowly failed to do so. •To counsel witness explained that defendant appeared to make an endeavour to turn across ahead of him. To the Magistrate witness stated that he was past the traffic dome when defendant turned in and collided with him. O. J. Dolan, surveyor, gave evidence as to having prepared a map showing the point of collision and the marks left by the vehicles on the roadway. The tyre marks indicated that the car had come inside the dome. Constable Turvey stated that he was called to the scene of the accident and prepared a plan for filing purposes. A tracing of the plan was produced. The marks indicated that the collision took place over the centre line of the intersection. Ralph R. Lunn, carpenter and firstaid attendant, stated that on the date of the collision he was travelling along Broadway towards the intersection of Rualiine Street. The motor cyclist attracted his attention by serving towards the cycle path on his left when, reaching the centre of the road. Witness then saw the car, which had not been in view previously. The car turned practically straight into the motor cycle. The collision took place just outside the grass line in Ruahine Street and in line with a post on the corner. The car was facing the post when it stopped. To counsel, witness stated that he informed defendant at the time that he was in the wrong. Joseph H. Robinson, storekeeper, of Ruahine Street, stated that lie heard the noise of a violent collision and rushed outside. He had observed the motor cyclist roll from the grass plot into the gutter. When the car stopped it was about 9ft.. from the corner post and facing directly towards it. Plaintiff gave evidence as to the motor cycle being his property, having purchased it in January last for £lls. It had covered 1500 miles by June. He had come through to Palmerston North on hearing of the accident and, after seeing his brother, had visited the scene of the accident. Defendant was there in company, with an insurance assessor and, in conversation with plaintiff, had admitted that he had failed to signal his intention to turn. Evidence was called relative to the repairs effected to the motor cycle and to its present value, one witness maintaining that 25 per cent, depreciation would result from the collision. Evidence in rebuttal of the extent of the depreciation was called by the defence. , , At the conclusion of the hearing, the Magistrate gave judgment for plaintiff for £54 4s,' together with Court costs, £3 6s and solicitors fee, £3 15s, and £2 10s witnesses expenses, the amount of depreciation being reduced to £2O.