MOTOR-CAR COLLISION.

New Zealand Herald, Volume LVI, Issue 17275, 26 September 1919, Page 4

MOTOR-CAR COLLISION.

ACTION FOR DAMAGES.

TOTAL OF £S3 J2s CLAIMED. A claim for £83 12s arising out of a collision between two motor-cars at the corner of New North Road and Argvle Street, Mount Albert, on August 6, last, was heard before Mr. E. C. Gut ten,' S.M., yesterday. The plaintiff was Sydney J. Harbutt (Mr. Richmond) and the defendant Dr. E. Newton Drier (Mr. R. Matthews). The claim set out that plaintiff wad driving along New North Rood on the right side of the road when, it was alleged, defendant drove his car out of Argyle Street so carelessly and negligent! v that he collided with plaintiff's car. It was claimed that the negligence consisted in defendant, without warning, suddenly driving his car into New North Road at an excessive speed, and upon the wrong side of the road. As an alternative claim plaintiff alleged that defendant drove his car recklessly and negligently, and in -a manner dangerous to the public. The plaintiff claimed the sum of £33 12s, the cost of repairs to his car, and a further £50 to cover the depreciation in the value of the car.

The plaintiff said that prior to the collision he -was travelling at, about twenty miles an hour. Dr. Drier had admitted that the accident was due to his fault. A meehanic_was sent for, and was. told by defendant to take both cars away and have them fixed up. Plaintiff understood that defendant accepted liability. Plaintiff said the brakes on his car -were in good order. Constable McClinchy said he visited the scene of the accident, and saw the two damaged cars. Dr. Drier admitted that he -was on the wrong side of Arzvle Street. The tracks of Harbutt's car showed that he had been travelling about two feet from the tram rails on his proper side, but as he approached the scene of the collision he gradually swerved into the footnath.

Evidence was called on the question of the depreciation of a oar due to an accident.

Dr. Drier eaid that -when he came out of Areyie Street the big car came down New North Road, pulled into the kerbin" and hit him head on. He said h° admitted he was on the wrone side of the road - Up to the time be 'reached New North Road he -was not driving at more than tan miles an hour. He denied thai. he lost his head. The course he adopted "was to turn to the rizht and stop hi* ear thus giving; Mr. Harbutt room to swine: out into the middle of the road and go Past, but the latter was going too fast Had plaintiff's brakes been holding he should never hav hit witness's car. Tin, hearing was adjourned until to-day