FATAL COLLISION.

New Zealand Herald, Volume LXVIII, Issue 20976, 12 September 1931, Page 11

FATAL COLLISION.

CLAIM FOR £1043 DAMAGES.

CAR DRIVER EXONERATED. DECISION FOR DEFENDANT. The hearing of a claim for damages arising out of the death of a motorcyclist in a collision with a motor-car on the main north road near Albany early on the evening of September 7, 1930, was concluded before Mr. Justice Herdman in the Supreme Court yesterday. The victim of the accident was Douglas Harrison, and claim for £1043 damages was made by his mother, Mrs. Mabel Esther Harrison, of Albany (Mr. Hall Skelton), against the driver of the motor-car, Charles A. Martin (Mr. West). The collision took place on tbe crest of a hill near the bridge at Albany, and plaintiff claimed that it was due to the defendant going up the hill on his wrong side. His Honor found that negligence had not been proved against the defendant.

"This ease as presented to the Court has shown some rather extraordinary features," said Mr. West, when opening the defence. At the time of the inquest there was no suggestion made of any negligence, he said, and the coroner's finding was one of accidental death pure and simple. Counsel criticised the way in which evidence for the plaintiff had been obtained from the boy witnesses. The evidence was clear that the car was practically stationary at the time of the collision. Apparently the cyclist saw the car at tht» last moment, and made a wide swerve, but too late, and the impact was terrific. The car ran back a few feet just after the accident, and that probably accounted for the boys' evidence about its position. Car Driver's Account. The defendant said he saw the motorcycle approaching about 50 or 60 yards away. Witness was veering to" the left and pulled over further to give the cyclist plenty of room. The cyclist was on his wrong side and pulled to the centre, but went back to the wrong side again. He seemed to be picking a good track out among holes in the road. His speed was 35 to 40 miles an hour, and he came straight for the middle of the car. Witness turned into the water table, and the cyclist made a final swerve over to the left, but too late. Harrison was very badly cut about the head. Defendant's account was largely corroborated by a passenger in the front seat with him, James Desmond Curtayne, who estimated the deceased's speed at from 30 to 35 miles an hour and said he swerved from side to side of the road as he came on. There was ample room for the cyclist to pass the car. Witness exclaimed, "What the devil is this chap going to do ?" Several other occupants of the car gave similar evidence. Sydney Frederick Barton said that certain marks on the road near the crest of the hill were made by him on the evening of the accident when he was putting his car in a garage at the side of the road. "Very Severe Impact." The impact at the time of the accident was described as a very severe one by Constable W. G. Wood, of Devonport. He could find no trace on the road of where the impaci had taken place. Mr. Hall - Skelton was allowed to call or recall several witnesses before His Honor gave his decision. The claim, said His Honor, was founded upon the alleged negligence of the defendant. One could not help feeling sympathetic with the parents of this unfortunate young map, but he had to decide the case _ upon strict legal principles and upon evidence adduced. The plaintiff had to bring evidence to satisfy His Honor that the defendant in his manipulation of the car was guilty of some breach of duty. "I do not propose to analyse the evidence in this case," said His Honor, "because broadly speaking I am satisfied that the plaintiff in the present proceedings has not brought evidence that would justify me in coming to the conclusion that- the defendant is to bo held to blame." There could be no doubt that the cyclist was riding at a high rate of speed, that almost immediately before the accident he was on his. incorrect side and that he was not keeping a pi%per look-out. The defendant seemed to be a perfectly honest witness, and his account was supported by others. Judgment must be entered in defendant s favour with costs.