Lorries in Collision

Manawatu Times, Volume LIV, Issue 7299, 28 October 1933, Page 8

Lorries in Collision

SEQUEL IN SUPREME COURT On tho evening of May 1, 1933, two motor lorries collided on the main highway near To Iloro and were considerably damaged. Tho sequel to tho occurrence was held iii the Palmerston North Supreme Court yesterday when Ilodgkinson’s Ltd., Palmerston North (Messrs A. M. Onglcy and W. L. Fitzherbert) proceeded with a claim for damages against Henry James Williams (Mr. W. H. Cunningham, of Feilding). Tho amount plaintiff sought to recover was £419 Is 3d special damages and £IOO general damages. Plaintiff alleged that the driver of defendant’s lorry, ono Howard C. Gardiner, had displayed negligence in that ho had driven at an excessive speed, had failed to keep to the left centre lino of tho road, had failed to steer clear of plaintiff’s lorry, and had failed to excrciso proper control over the motor. As a result of the collision plaintiff’s lorry had been thrust oil’ tho road into a power polo which had been damaged along with tho transmission lines, to the extent of £22 5s 2d. Plaintiff said ho had also suffered Joss of business as a result of tho accident. The defence was a denial of the allegations. Oil tho night of tho collision, defendant’s driver had slowed up and pulled over to tho left, when he had seen plaintiff approaching but the brilliant lights on tho lorry had completely blinded Gardiner’s vision. Tho result was that defendant’s lorry had left the usablo surface of tho road and plunged into a rough depression on the unformed surface which was grassgrown, uneven and slippery. Those circumstances mado it difficult to stop the lorry or control its course or speed as it was in imminent danger of overturning. It finally emerged from tho depression but before the driver could regain control it had collided with plaintiff. Tho accident was contributed to by plaintiff in allowing tho lorry to bo used at night with dazzling headlights and, secondly, when defendant’s lorry got out of control, by continuing to approach instead of immediately stopping. Defendant counter-claimed for £316 16s Id special damages and £SO general damages. Tho Hon. Mr. Justice MacGregor was on tho Bench. Horbcrt Cyril Hodgkinson, the driver of tho company’s lorry that crashed into tho power pole, said the night ot tho accident was a bad ono with rain and wet roads. W’hen he saw tho other lorry leave the road, ho pulled over further to the loft, with two wheels well off tho bitumen. Witness detailed the extent of tho damage to his own lorry and added that when spoken to, the driver of tho other lorry had admitted that ho had been wrong. Witness’s lights had been good and his speed from 15 to 17 miles per hour. A speed of from 20 to 25 miles per hour on a wet night would have been reasonable provided there was nobody else on tho road. The other driver had mado no complaints about the lights on witness’s truck on the night of the accident. Witness was of opinion that the driver of the other lorry could havo stopped when he had found himself in difficulty, instead of trying to get himself out of the depression. As regards his own lights, they had never been officially tested but ho had never heard any complaints about them being so dazzling that his lorry was a hard ono to pass. Bernard K. Brown, who was with Hodgkinson at tho time of tho mishap, said he had driven the same lorry for 2-J years and the lights were properly

focussed. Defendant’s lorry as it approached, seemed to be out of control as it swung from side to sido and finally went off the bitumen altogether. Hodgkinson had slackened speed and moved well over to allow defendant’s machine plenty of room. W. J. Buckley, motor driver, ot Levin, said that on tho night of May 1 he was driving from Wellington to Levin and at Waikanae was overtaken by defendant’s lorry which was travelling between 20 and 25 miles per hour. Ho arrived at the scene of tho collision a little later and found that plaintiff’s lorry had bumped into tho power pole, whilo defendant’s lorry was right across the highway blocking all traffic. F. R. A. Kershaw, farm labourer, of Waikanae, who witnessed the accident, said defendant’s lorry after passing him, first went right over to tho right hand side of the road, then over to the left oil to tho grass and finished up at right angles across tho road. The lorry appeared to bo travelling too fast. As regards the lights on plaintiff’s lorry, they were not overbright. Constable S. R. Hercock, of Marton, who was relieving at Otaki on May 1, said he received a telephone message from Gardiner, the driver of defendant’s lorry, regarding the accident. Gardiner had stated that the collision had resulted from his trying .to get back on tho road and no blamo was attachable to cither party —the mishap had been purely accidental. As they had agreed to settle through tho insurance companies, ho did not want any police action since nobody had been injured. Frank Gatloy, secretary of the Hodgkinson’s Ltd., said ho bad written defendant after the accident and the latter had agreed with Hodgkinson’s version of the occurrence as a fair representation of what had happened. Witness detailed the expenses incurred in repairing the lorry, tho loss incurred through disorganisation of business, cost of hiring a lorry temporarily, and other expenditure. P. K. Fowler and H. B. Clapham, motor experts, of Palmerston North, gave evidence as to tho extent a motor vehicle depreciated after being involved in a collision.

Opening tho case for the defence, Mr. Cunningham said he proposed to call independent evidence as to tho danger of tho lights on plaintiff’s lorry. His Honour: But it will need very strong evidence to convince mo of the fact because Gardiner mado no complaint about them to Hodgkinson at tho timo of tho accident. If tho lights had caused him to leave tho road why did he not say so there and then and not leave it till this caso is started? In submitting a plan of the scene of the accident S. T. Dibble, surveyor, expressed the opinion that when defendant was right off tho road on the grass he could have stopped. Had he done so, however, he would have had the inconvenience of having to bo towed out. Mr. Cunningham: And if you hat boon driving plaintiff’s lorry what would you have dono on seeing the other vehicle in difficulties? Witness: Stop. His Honour: That’s what they all say but never do.

Howard Charles Gardiner, tho drive/ of defendant’s lorry, said his average speed from Wellington had been botween 20 and 25 miles per hour. Ai'tei passing the cyclist on tho road, ho observed the glare of Hodgkinson’s lights, so pulled over to tho left. After proceeding a little further ho felt a bump and tho lorry rolled over to the left into the soft ground. He tried to bring the vehicle back on tho road in case she tipped. His front wheels wero hard over to the right with the result that when they struck the gravel again, the whole vehicle sliot across the road at right angles. Witness denied admitting to plaintiff that the accident had been bis fault. Tho bright headlights had been responsible for his leaving tho road. Ho could not have stopped in tho grass depression because if he had done so the lorry could never, have got out under its own power. The lorry was making tho attempt so he kept it going, thinking he had plenty of room. It was 120 feet from where he left the road that the lights first commenced to dazzlo him and witness admitted he could have pulled up in that distance. When speaking to Constable Hercock over the telephone he had not complained about the lights on plaintiff’s lorry. 11. G. Wiggins, motor lorry driver, said ho regarded Hodgkinson’s headlights as very bright and dazzling on a wet night. J. A. Porter, patrol officer of tfie Wellington Automobile Club, said ho had regarded the lights on Hodgkinson’s truck as particularly dazzling and very difficult to pass. Patrick Donnelly, chief patrol officer of the W.A.C., gave particulars as to the lighting requirements of motors under tho regulations explained tho difficulty that was experienced in properly focussing tho headlights of the class of trucks driven by Hodgkinson. Wm. Lowery, insurance adjustor, declared that thero were four trucks running up and down the WellingtonManawatu highway with “deadly” lights and plaintiff’s lorry was one of them. The lights wero so powerful that the average motorist had to pull up and stop. Ho had seen the place where the truck had loft, the road and wondered how it had not turned over. Had ho been in tho truck ho also would have tried to keep going to get out.

Defendant, in evidence, detailed the expense ho had had to go to, to get his lorry repaired after the accident. When he saw Mr. Gatloy two days after the accident he had told tho latter that Gardiner had been pushed off the road by Hodgkinson’s lights. However, in his letter to Gatley no mention had been made of dazzling lights. His Honour commented on the strangeness of defendant not mentioning the lights in tho letter and said he regarded the whole of defendant’s case as a conspiracy to assign a false cause to tho accident. Tho case was adjourned at this stage till 10.30 to-day.