RULE OF THE ROAD.

New Zealand Herald, Volume LXV, Issue 20105, 16 November 1928, Page 16

RULE OF THE ROAD.

intersection collision.

CLAIM BY PEDESTRIAN

INJURIES FROM WRECKAGE

Problems arising under the rule of Hip rand with regard to traffic regulation at .street intersections are involved in an action begun in (lie Supreme Court yesterday before Mr. Justice Blair and a jury. Edward Campion (Messrs. Mere<lill) and Hubble) sues tho Vacuum Oil .Proprietary, Ltd. (Mr. ITaddow), claiming £IOOO dauinges and Cl2 18s medical mid hospital expenses. The case is founded upon an accident at the junction of Karangahnpo Road and Pousouhy Road on April 16. Plaintiff and his son were walking along Karanga Jiapc Road toward Grey Lynn and were crossing the mouth of Newton Road when one of the Vacuum Oil Company's motorlorries catno from tho direction of the city. It. is alleged by the plaintiff that in defiance of the, rule of the road this vehicle failed to give way to a light truck driven by a grocer, L. A. Bell, which came along Ponsonby Road to pass into Newton Road, anil consequently it ran into and smashed Roll's truck. Plaintiff was struck by the wreckage and was so seriously injured about the skull that lie spent about three weeks in hospital, remained at home under treatment for several further weeks and was still suffering from after-effects. Plaintiff was for 50 years in the employment of tho late firm of E. Porter and Company, ironmongers, with which ho remained until the business was closed down last year. As to his recent occupation ho told the Court it was mostly that of casual gardening. Question of Precedence. Mr. Meredith indicated that a material point in the case would be whether the driver of tho Vacuum Oil lorry had paid proper regard to tho regulation which requires precedence to be given to a vehicle coming in at a street intersection from tho right-hand side. riaintiff gave evidence as to being struck down —he did not at the time know how —and rendered insensible. Since tho accident he had been unable to work, was affected by giddiness whenever he stooped and had to be helped by his wife when ho went out.

Leo. A. Bell, driver of the wrecked half-ton van, said that when he came to tho Karangahnpc Road crossing the only traffic in sight consisted of two lorries going toward Grey Lynn—that of the Vacuum Oil Company, which was a threeton lorry, and one belonging to Browne Brothers and, Geddes, which followed. He blow his horn and indicated by a hand signal that ho was crossing into Newton Road. The driver of tho oil lorry did not appear to seo him and crashed into his near hind wheel, swinging his truck completely round and carrying it right across tho end of Newton Road. Every spoke of the hind wheel was broken. The Oil Company's vehicle was traveling at 15 to 20 miles an hour. Its driver did not slacken speed or sound bis horn. William T. Davidson, driver for Browne Btothers and Geddes, said his vehicle passed along Karangahapo Road ;*bout 20ft. behind that of tho Vacuum Oil Company. Both were travelling at 12 to 15 miles an hour. Ho saw Bells vail approach from the right along Ponsonby Road and expected, as it hail the right ot way, that the Oil Company's lorry would pull up or slacken speed. It failed to do either and the collision occurred. Had defendant's driver eased speed Bell would have got across safely. As it was he was very nearly across when struck. Had witness been driving the od lorry he would havo pulled up to let Bell cross He considered Bell was justified by the positions of tho two vehicles in keeping on his course. Extent ol Injuries. Constable Frank said that judging from the skid marks Bell must have gone on his correct side of the silent policeman. Dr. C- C. Murphy expressed the opinion that plaintiff, as a result of the accident, was likely to remain dependent on others. Dr. E. H. B. Milsorn described »hc injuries to the head sustained bv plaintiff and said it was not safe for him to go übout tho streets unaccompanied. He thought he might improve. Mr. Haddow was granted leave to move later for a non-suit on tho grounds that no negligence had been proved, that if it had been the damages were too remote and that there was the intervention of a third party between tho act» and tho result. Ho iitated the rule of the road was made Tor wheel traffic on the road nnd a breach of it was not necessarily negligence. Theodore Scott, motor driver, said lie had noticed the small truck just before tlie collision. The driver seemed to swerve 3"iul11 in front ol the \ acuum Oil Lornparty's waggon. The driver, Bell, had remarked to witness afterwards that he ' never saw the Plume -waggon at all." \eil l\i|>r vlie. driver ol the Vacuum till Company's waggon, said be had signalled that he was going on and lie thought 1 '.ell was going to stop. His wagon weighed about five tons and he hail Mopped almost dead at the moment of the collision. Further «'v deuce will lie heard to day.