Car With A “Hoodoo”

Northern Advocate, 27 June 1939, Page 3

Car With A “Hoodoo”

“A man driving a small car would be superhuman if he did not think first of getting out of the way when he saw a big truck coming at him,” said Mr. G. N. Morris, S.M., at the Whangarei Court yesterday, in giving decision in a claim for damages arising out of two collisions.

“The first thing that a driver does is to consider his own safety and get out of the way as quickly as possible,” continued Mr. Morris, in dealing with the defendant’s contention that the plaintiff could have stopped his car. The case was one in which E. V. Ralls Ltd. (Mr. R. K. Trimmer), of Towai, claimed' £126/13/- damages from Mate Babich (Mr. A. Steadman).

Unusual Circumstances.

Thp circumstances of the case were, as told to the court, most unusual. Rail’s car, driven by John Murray, suffered damage when a collision with a truck occurred at a corner just north of Towai. The truck did not stop, and Murray went back to Towai and he, with Ralls now driving, gave chase to the truck to ascertain the number and owner of the vehicle. A few miles further north of the scene of the first accident, and within an hour, the two vehicles came into collision again under practically the same set of circumstances.

Leslie Thomas Lomas, the driver of the truck, maintained that he had given the car plenty of room to pass.

Lengthy Evidence

Lengthy evidence was heard in relation to the two collisions, and also to the amount of the claim for damages. It was stated in evidence that the car had been on the road for only 10 weeks, yet it had been involved in three collisions.

' Mr. E. V. Ralls, in evidence, said that he had traded in the car for another vehicle. He would not drive it again, as it had a “hoodoo” on it.

Arising out of the two collisions, Lomas had been convicted at a previous court sitting for dangerous driving, and for driving on his incorrect side of the road. These charges were brought by the Highway Board traffic inspector, who was called to the scene of the second collision and also gave evidence in the civil claim. T have heard this case in other circumstances on other charges and have not heard anything new to-day,” said the magistrate. ‘Both accidents were caused by the defendant’s truck cutting corners. There is no doubt, on the evidence, of negligence on the part of Lomas, the driver of the truck.” Mr.

Morris then entered judgment for plaintiff, but reduced the amount of the claim, to £69/13/6, with the addition of court and witnesses’ expenses amounting to £5/1/6.