DAMAGE TO TAXICAB

New Zealand Herald, Volume LI, Issue 15645, 26 June 1914, Page 9

DAMAGE TO TAXICAB

TRAMWAYS COMPANY SUED.

SEQUEL TO A COLLISION-

FuhthM evidence was heard at the Magistrate's Court ydsterday beforo Mr. C. C. Kettle, S.Ma in tho case in which Arthur F. Clearwater (Mr. W. E. Moore) claimed £200 from the Auckland Electric Trainways Company (Mr. J. R. Reed, K.C.). The case rroso as the result of a collision between plaintiff*s taxi cab and a tramcar at the intersection of Victoria Street and Queen Street on March 18 last, when the taxicab was extensively damaged.

Two eye-witnesses of the accident described the collision on the lines of the descriptions given by previous witnesses, one of them estimating the 6peed of the tramcar at nearly 20" miles an hour and tho other at between 12 and 14 miles.

Passenger's Statement. Evidence as to tho manner in which tho collision affected those inside tho tramcar was given by Francis L. Moodie, who was a passenger. In his opinion, tho tramcar was travelling as fast as tho full power at its command would allow. Just after passing tho stopping place, there was a jar as though tho emergency brake were being put on, and after continuing for about another 12 or 15 feet the car pulled up with a jolt, giving thoso passengers who were standing a lurch forward. Application by Counsel.

Upon the conclusion of tho evidence for tho plaintiff, Mr. Reed submitted that there was no fese to answer. Tho accident. he said, had taken place in broad daylight. The motor bad the whole road on which to travel, while tho tram had fixed rails from which it could not divergo an Inch. The driver of the motorcar saw the tram coming and took a certain risk ; n attempting to cross in front of it. The whole trouble was that he imagined the car would stop at its usual stopping place, and he deliberately took the risk. As it happened, tho tramcar did not stop, and motor and tram met on the line. If, w the plaintiff had stated, it occurred to Ifim that the""car might not stop, he took an oven greater risk in attempting to cross the rails before the tram had passed. His Worship said he was not prepared I at that stage of the proceedings to say i there was no case to answer. There was I evidence that the tramcar had been travel- | ling at a greater speed than it had a ; right to do under the by laws, which 1 limited the spcod in the city to nine miles an hour. Thero might also be a question as to whether tho taxi cab drivoT or tho motorman had the last opportunity to avoid the collision. The Case tor the Dolence. In opening tho caso for the dofonce, Mr. Reed said that evidence would bo forthcoming to show that the motorman had come up Queen Street at about seven or eight miles an hour, carefully watching his left side and the track in front. There was no danger to be expected from tho right. In fact, what had happened was that tho taxicab had practically collided with the tramcar, and not the tramcar with tho cab.

Hugh J. McCaffery, driver of tho tramcar, said that ho received his motorman's certificate in June, 1913, Referring to the accident, ho said that his car left town on schedule time, 5.13 p.m., and received its full complement of passengers at Wyndham Street. Ho cut off power when nearing tho Victoria Street stopping-place, owing to the heavy foot traffic in front of him. Up till then tho car had been travel' •>' hitwoen seven and eight milts an h'.uf. Ho did not apply power again until after tho accidont. When some distance f>o;r the, crossing ho saw the motor-car coining down Victoria Street, and tho next time ho saw it, it was practically on tho liue, about throo yards in front of the tram. Witness was | watching the lino ahead of him, and j watching tho left side of the road, as on his right, or "off" side, no danger was to l>a "rpected. Ho was certainly nc' looking behind him, On seeing the motor on the lino he applied the estrerm' emergency brake, but before his car came to a standstill, its front step struck tho front wheel of the motor-car. When the actual impact occurred, witness considered that tho tram was travelling at from two to four miles an hour. In the course of a somewhat lengthy cross-examination, McCaffery stated positively that ho had not increased his speed above eight miles an hour at anv time before the accident. When he saw the motor-car in Victoria Street ho did not pay any particular attention to it, as tramway motormen usually depended on motorists to look after themselves, especially when they were approaching from •the "off" sido of a tramcar. At this stage tho caso was adjourned until this afternoon.