CIVIL CLAIM

Manawatu Standard, Volume LV, Issue 243, 11 September 1935, Page 2

CIVIL CLAIM

JUDGMENT FOR PLAINTIFF. Claiming £ll 13s 4d as the cost of repairs to a motor van, and £3 for the loss of the use of the vehicle for a week, Lawrence Burton, dealer, of Palmerston North, took proceedings against Stanley Ernest Thompson, greengrocer, of Palmerston North, in a civil claim heard before Mr J. L. Stout, 5.1i1., in the Magistrate’s Court yesterday. Mr J. A. Grant appeared lor plaintiff and Mr A. M. Ongiey for detendant. Evidence was given by plaintiff that on July 8 lie was driving in Taonui Street towards Featlierston Street when defendant’s truck, which he understood was driven by an employee of defendant, turned sharply in front of him and ran into the side of his truck. Subsequently, tho other driver suggested that each should pay his own costs of the collision, but plaintiff had declined to accept this as a basis of settlement, considering the other driver to have been in error.

Alexander Fraser, motor workshop foreman, testified that plaintiff’s vehicle was extensively damaged, both axles suffering. It had been struck on the right-hand side. 1 Constable Goodwin gave evidence concerning the position of the vehicles when he arrived on the scene after the collision.

This concluded the case for plaintiff.

Giving evidence, Arthur Vernon Belle, the driver of defendant’s vehicle, stated that he had been travelling along Taonui Street at about 15 miles an hour, and began to turn into a right-of-way when plaintiff was about 100 yards back. Noticing a girl in the entrance of the right-of-way, witness stopped, but plaintiff’s truck came on, caught the front bumper of the vehicle driven by witness, and swung it round. , Under cross-examination, witness admitted that, he could have waited before turning, and allowed plaintiff’s vehicle to pass. Had plaintiff’s vehicle been travelling at a reasonable pace it could have pulled up when witness stopped his truck in its track. Corroborative evidence concerning the movements of his own truck was given by defendant, who said he was standing down the right-of-way when the girl crossed in front of the truck, causing it to stop. The Magistrate commented that; a person was entitled to drive at 25 to 30 miles an hour along a road where there were no intersections without anticipating a sudden blockage. Defendant’s driver must have seen the girl before she reached the entrance, and took a risk when he could have waited.

Judgment was entered for plaintiff for £l3 3s 4d (he being allowed 30s for the period his vehicle was out of commission), with costs amounting to £2 3s and £2 12s for solicitor’s fee.