Sequel to Capsize Of a Relief Lorry

Manawatu Times, Volume LVI, Issue 7064, 25 January 1933, Page 10

Sequel to Capsize Of a Relief Lorry

CASE IN MAGISTRATE’S COURT In the Palmerston North. Magistrate’s Court yesterday afternoon, before Mr. J. L. Stout, S.M., the sequel to an accident at the intersection of Walker’s road and Poxton line on March 22 last was heard, L. Pierard, garage proprietor of Palmerston North, claiming £Bl 9/9 damages from It. P. Wright, farmer, of Longburn. Messrs. Gordon and Baldwin appeared for plaintiff and Mr. Cooper for defendant. The accident, it was explained, had occurred when defendant was going to turn into Walker’s road from Poxton line. A lorry carrying relief workers and driven by H. J. Trask, attempted to turn into the sideline to avoid what appeaned would be a collision with the car and had capsized at the corner. In evidence, the driver of the lorry said that ho had been transporting workers to the city from the Sluggish River Drainage Board’s work. When approaching the scene he had attempted to pass defendant’s car, but, drawing abreast, defendant had appeared to signal his intention to turn into Walker’s line. Witness, to avoid an impact, had also turned, the lorry capsizing at the corner.

Corroborative evidence was given by W. Healy, a passenger on the lorry. The lorry driver had sounded his horn prior to attempting to pass the car, he said. At no stage had the lorry been travelling faster than 20 to 22 miles per hour. Defendant, from the box, declared that his speed had been 20 miles per hour. It had been about four or live chains from the corner that he had slowed down, but, about to turn the car, he had observed the lorry and had continued on his course along Poxton line. At no time had his car been a menace to the lorry.

Mrs. Wright, who was a passenger in defendant’s car, gave corroborative evidence. She had not heard any horn sounded from the lorry and t he car had never been over the crown of the road. Defendant had not signalled for a turn into Walker’s road. ■Constable Evans gave measurements taken after the accident. He said that he had prepared a plan, but this haa subsequently been lost. The Magistrate reserved his decision. He would bo obliged to look into the point as to whether the driver of the lorry had contributed to the accident by trying to pass the car at an intersection.