MOTOR COLLISION RETOLD IN COURT

Manawatu Times, Volume LIII, Issue 6551, 7 March 1928, Page 9

MOTOR COLLISION RETOLD IN COURT

Claim for Damages MAGISTRATE RESERVES DECISION Ou December 20 a collision occurred on the cemetery hill, Rongotea, between a lorry owned by Walter William Smith cordial manufacturer, of, Palmerston North, and a service car, owned by Henry P. Blaxland, of Eongotcn. The lorry came out of the smash considerably damaged, having toppled over the embankment, while a number of stone jars containing cordials, were broken. Tho sequel to the collision was heard in the Magistrate’s Court, yesterday when Scott proceeded against Blaxland in an endeavour to recover £56/18/0 damages. Plaintiff alleged negligence on the part of defendant. Particulars of the claim were as follows: Repairs to chassis and engine, £l3/8/0; estimated cost of repairs to body, £ls; cost of temporary repairs to body, £4/15/-,' loss of 35 jars, £5/5/-; loss of contents of 15- jars, £l/10/-; loss of trade •through want of jars, £7; depreciation of lorry, £10; total, £56/18/0. Mr. Rolling conducted plaintiff’s case -while defendant w*s counselled by Mr. Ongley. Plaintiff’s. Case. * Plaintiff, in evidence, stated that at least 35 stone jars valued at 3/- each had been broken while his loss of ( Christmas trade through the consequent jar shortage had been considerable. Ho also detailed the other expenses that he had been involved in as a result of the accident, and tho cost of repairs yet to be done. Those were sot out in the'claim. Arthur Ernest Chntfield, lorry driver, stated that he was in charge of the wrecked motor although Scott jnr. was actually at tho wheel. They had boon taking turns at driving. The first witness- knew of the approaching car was the sounding of the horn when it appeared to bo almost level -with the cabin of tho lorry. /• moment later there was a crash and tho lorry was toppled over the lank. It finally came to rest on its side. Going up the Mil the lorry had kept to its correct side of tho road. Scott jnr. was a capable driver although too young (14J) to hold a license. Defendant’s car had struck tho front hub cap Of tho lorry. To Mr, Ongloy, witness admitted tolling the police that ho was driving but didn’t know why ho had done so. George Edward Scott, plaintiff’s son, said ho was driving the lorry at the time of the collision. He had kept to the left and bad no knowledge of defendant’s approach until ho heard the horn alongside, him. Mr. Ongley; Why dW you tell the police Chatfield was driving? Did you agree to do that) Witness: If os. Counsel; When* Witness: As wc got out of the cab. George Adler, motor body builder, gave an estimate of the cost of repairing the lorry properly at £ls, John Bernard O’Snllivan, who examined the wheelmarks after the accident, stated that Scott’s lorry had travelled up the hill a fraction to the right of the centre of tho road but there was nine feet between the righthand wheel and tho edge of tho bank. Blaxland had followed the lorry, keeping to tho righthand side, but just near the point of collision defendant's car seemed to have been swerved to the loft a bit. i: ! The Magistrate: Do you know why? Witness: There was some talk of his having got too near the edge. To Mr. Ongloy, witness saw no res.sou why plaintiff's lorry could not have been further over to the left. There was room. Gerald William Dempsey stated that it was obvious that defendant's car had swerved in on to tho lorry just, before the impact. He had heard no reason given for such an action, but witness took it as an endeavour by tho driver to right himself on tho road. Ho was too far over. The lorry, witness thought, was nearer tho left-hand side of the road than the right. A. W. Jensen gave corroborative evidence. Non-suit SoughtMr. Ongley submitted that the plaintiff had not proved negligence; it seom-

ed to him that plaintiff's case was bristling with negligence. First of all there was the fact that a 141 years old boy had been allowed to drive the lorry and, secondly, tho driver had not kept a proper look out for traffic that might be coming up from behind; Defendant ’a car had travelled up behind for 40 or 50 yards as far over to the right as ho could get, and the horn had been sounded. Mr. Belling drew attention to the fact that the. first evidence tho lorry drivers had of the car behind was tho sounding of the horn when both vehicles were about level. A driver could not be expected to be looking in his reflector all the time. Counsel contended that it was the duty of all drivers in overtaking a vehicle, to make sure that there was room to pass before attempting such a manoouver. His Worship thought defendant should explain why ho attempted to pass while there was not room. Defendant’s Version. Defendant, in evidence, stated that the road- was 21ft. wide at tho cemetery hill. His brother was at the wheel and when they first pulled out in an endeavour to pass the lorry, there was 12ft. to spare. The lorry however, followed the rvorn tracks which gradually swerved to the right until only., six feet separated it from the edge of the embankment. By that time the car was almost abreast of the lorry but a sudden indentation of the road swerved the motor over on to tho left. The lorry moved to the left at about the same time but not quick enough to avoid tho impact. To Mr. Belling, witness considered that but for plaintiff’s-lorry gradually going gradually over to the right, there would have been room to pass. Marshall F. Blaxland said lie measured the wheel marks. . Tho metal portion of the road was 21ft. wide and the worn car tracks gradually bore toward the right as they went up the hill. Defendant, had run along tho right edge for 30 yards in an endeavour to pas's the lorry. Witness did not think'tho bump had sent the lorry off tho road. It appeared" to him that the lorry driver had driven over the. bank in his ■ flurry. An experienced driver would not- have been perturbed by the -collision. John Dlaxland who- was driving the car, said that in attempting to pass tho lorry,:ho took it for granted the former would pull .out to the loft and make room. Instead of that ho continued to keep to the worn tracks which veered to tho right. His Worship intimated that ho would take time to consider the matter.