SQUEL TO A COLLISION

New Zealand Herald, Volume LI, Issue 15655, 25 June 1914, Page 5

SQUEL TO A COLLISION

TAXICAB DAMAGED. DRIVER SUES "COMPW -'4 •'SUM ,OF £200 CLAIMED, )'.{ '.-..., -. • , ' 4> ■><», \ -". -v > A collision beiwfeen'atrameaV and a teyA $" -'«; cab in. Queen Strool.on- March 18 last, 're- :.; wilted in a claim for^^;£2(Wda'mageß being fought against tho Auckland Elfictrio Tramways Company, Ltd.'; 'by Arthur F. Clearwater, at the' Magistrate's Court) •■ yesterday, before Mr, C. 0, Kottle, S.M. The statement of claim alleged that the collision was s duo to the negligent., driving of the motoraan, and that as a result of the collision the taxicab was so seriously damaged that tho cost of repairing it . amounted to £12? 15s, and it suffered a large depreciation in value. In addition, it. was claimed that owing to the damage . • to his motor-car, the plaintiff had been - unable to follow his occupation as a' taxicab driver since the accident, and would •: continue to bo unable to do so until iho. repairs were completed. The •-. plaintiff, • therefore claimed £128 15s special'' daftages for the cost of repairing the' car; and < £71 5s general damages for depreciation, in the value of the car and loss of profit? ■ Mr, ,W. K Moore appeared for the • plaintiff, and Mr. J. R. Rood, K.C., for the defendant company. ....... In tho course of Ins evidence, the plain- ' - tiff said that about 5.15 p.m. on March ■• j 18 last, he was driving his car down Vic- : toria; Streot, West, his intention being to turn into Queen Street and proceed towards Wellesley. Street. As ho-approached tho intersection of Victoria-and Queen Streets he slowed down to about three or four ' miles an hour, and blowing his horn, ha proceeded to cross the road round the out* side of the centre tramway pole, as •required, by the by-laws. , When he was •'■■ about six yards from the pole, he Noticed a tramcar coming .up Queen Street in the . direction of Wellesloy- Street. ■ It was, ha alleged, approaching at a pace of .between 15 and 20 miles an hour, and was then ■ about 30 or 40 yards away.. Witness said.',y that the motorman was not looking ." . straight ahead, but wail watching 4he ?i people, the ffl'3"6 of tie 'street; >.'Tlio ■*' motorman.did not stop, at the.(Sttstpmary « stoppings-place, but appeared, tV increase" his speed. By this time,the,front wheels ".'-T.' of plaintiff's car were 'on-'ibo far rails/of. :;., the line, and as the... tram; wasfth'eyf■onlir [ v -;;, ; some 10 or 15 yards aw%j;h%cosaluded'---- : - that it was not safe to proceed any.fnrthei,- >£f an.H reversed his car, but tod late lb' get "' , ~, clear of the approaching tram.. ;WJtnosa added that the, motorman.'saw -him. when.- l V . about five yards ,away, and-squiided- hia ;' : gong, but could : not stop thrtram.'i'n time 1 . ■. > to avoid a collision. The.tram, caugKt.'the fj '• front part of the motor and drovo-the ca*,.'.?:. with force against tho centre. With ',;" the result that the .motor-car was reduced ' "almost to a tojai. wreck." . ' N ■ ; In tho course of-.a lengthy, cross-examina-tion, witness said that hislqar was a4O '[ ■ liorse-pdwer planetary gear car,.. and ue • i _'- could -use the ■' reverse' geaf.ai-' ; 'i ; 'brakei - ■ This he was doing as be dbwn.:Vic- : | toria Street..' : His ; reversing', gear, acted, ■.. :, very quickly, but on this itrwas. ;.^ ; - impossible.'.to get clear, of} the. ...luie^' time. He! considered..that lie was ■«••';, safe in attempting to cross .when .he did. . ;!■; Ha. expected the tram to.stop at' the usual \; : stopping-place, bat 'there, was. always the. ■'■ , possibility that it would "not do so. -'■'% , Similar evidence as to tho actiial t col- ' ' lision was given by .James /Stewart," man- ■~; ago,' of the. Crown -Clothing Company, , whoiwitijeased/the aceideni. -The motor- ; v man, he said, did not sound Ills, goufcuntil U, the tram was' practically,"on ■■■ top '-'of ■, th'o i|; car. Witness considered . that tho tram) V'?, L .which had .been approaching ;at a medium ;■ ' pace, was'slackening speed.."fhen ■the A '- >' patfJ occurred.'^^^'Assuming \tiiaJ. the 'tram ■ " .woUld pull up,at the. usual stopping place, ( Pitiless- ;oonsidered -that the plaintiff was ->* 1 quite justified in" attempting, to .cross- th? ,_.; '- road when he did. /,- T /";V,V '> '" '^'.^'^ >• At this thehearmg. ; adjournal 'S; > Until this afternoon: ,''„/,' ;*. , ;-/''