Waiotira Widow’s Claim For £4000 Damages

Northern Advocate, 28 February 1939, Page 8

Waiotira Widow’s Claim For £4OOO Damages

[Special to “Northern Advocate”] AUCKLAND, This Day. The hearing of a claim for £4014 damages arising out of an accident near Waiotira on March 8, 1938, was continued in the Supreme Court yesterday afternoon. The plaintiff was Flora Gladys Strawbridge, of Waiotira, widow of a surfaceman, Robert James Strawbridge, who suffered fatal injuries in the accident, and the defendant was a Waiotira farmer, Michael Mason. Plaintiff alleged that the accident was due to defendant’s negligence, and claimed £4OOO general damages and £l4 15/6 funeral expenses. Railway Ganger’s Testimony.

Giving evidence for the plaintiff, Alfred Norton Jowitt, a railway ganger, who was travelling home on a jigger along the railway line near the road, said he was called to the scene of the accident by defendant’s wife. Witness paced skidmarks from both sets of wheels on defendant’s car for 15£ paces. One skidmark started four feet to five feet from the side of the road which was on Mason's right hand, and continued practically in a straight line down the road.

From the position of the sun at the time it was possible that deceased might have momentarily been blinded. On each side of the roadway loose metal was thrown out and banked.

In reply to Mr. North, who appeared for Mason, Jowitt said that soon after the accident he gave the opinion that, from defendant's skidmarks, Mason had given deceased ample room to pass without going off the metal. Statement te Constable. Constable C. Snow, of Whangarei, said that, in company with Mason, he made measurements at the scene of the accident. The point of impact was five feet from the edge of the metal on Strawbridge’s side of the road, and was in loose metal. At tins point the road was 14 feet wide. Witness said he took a statement from Mason, who later remarked that he could have allowed Strawbridge more room, and kept more to his correct side of the road. To Mr. North, witness said that paspalum on the side of the road was included in the 14 feet width. Mason had made his remarks about allowing deceased more room after being shown a plan drawn by witness that was not to scale. The hearing was adjourned until today. When the hearing was resumed today, evidence was given at length by witnesses who came on the scene after the accident, • as to their observation of marks on the road, a narrow surface on which was loose metal and rutted tracks The case is proceeding.

Modern Machinery’s Power. Modern machinery is being used to good effect in the road formation for the new colony of State houses on McLeod's Block, off Mill Road. For the past few days, a 30-horse power caterpillar tractor, fitted with a hydraulic shovel, has been on the job. and has not only completed all the excavation for the new road, but has shown its versatility in uprooting and removing several large trees which have had to be taken out to permit of road construction and to make way for the new houses.