COLLISION IN HARBOUR.

New Zealand Herald, Volume LIII, Issue 16300, 5 August 1916, Page 5

COLLISION IN HARBOUR.

CLAIM FOR DAMAGES

The hearing of the case in which the Waiteniata Boating Club (Mr. M. G. McGregor) claimed £40 from G. E. Alderton and A. V. Fraer (Dr. H. Dean Bamford), was continued in the Magistrate's Court yesterday, before Mr. C. C. Kettle, S.M. The proceedings had been adjourned from Thursday. The claimwas for compensation for ono of the club's rowing gigs, which was cut in halves in a collision in Mechanics' Bay by a launch, which, at the time of the accident, was in charge of Fracr, and was owned by Alderton.

Dr. Bamford asked for a nonsuit, on the grounds that it had not been proved by the plaintiff that the accident was caused solely by the negligence of those on board the launch. He quoted the report of a previous case to show that such proof was necessary if the plaintiff's case was to succeed.

Mr. McGregor stated that the obligation to avoid the collision was on those m charge of the launch, which, according to the collision regulations, was a steamer* It was the duty of the gig to keep its course and speed, as the evidence showed it had done. Had it stopped or manceuvred in any way it would very likely have caused confusion in the minds of those in charge of the launch. The magistrate reserved his decision on the question of a nonsuit. The defendant Fraer gave evidence to the effect that ho was steering the launch at the time of the accident. When he first saw the gig it was about 20 yards away. The boats were approaching each other on the lines of an acute a,ngle. He steered the launch so as to avoid the gig which, however, increased its speed, thus causing the collision. At this stage the case was adjourned.