DAMAGES FOR MOTORIST

New Zealand Herald, Volume LXXI, Issue 21803, 18 May 1934, Page 12

DAMAGES FOR MOTORIST

SUM OF £250 AWARDED STREET COLLISION SEQUEL QUESTION OF NEW TRIAL The hearing of a damages claim arising out of a collision which occurred between a motor-lorr.v and a motor-car in Green Lane Road on October •'< was continued before Mr. Justice Herdman and a jury in the Supremo Court yesterday. The plaintiff was Percy Vaughnn Craddock, drainage contractor (Mr. Haigh), who claimed £328 damages from Winstono, Limited, merchants (Mr. Goldstino), on the ground that the negligent driving of one of the firm's lorries had caused injury to plaintiff and damage to his car. Defendant counter-claimed for £ll 8s 8d for damago to the lorry. In. opening his case, Mr. Goldstinc said the defence was an absolute denial of any negligence on tho part of the lorry-driver, and the assertion that there was negligence by plaintiff. The driver of the lorry, Herbert 0. Smith, said ho was travelling at 12 or 15 miles an hour on his correct side. Plaintiff swerved suddenly light into him, giving him no time to do anything. The car struck him right by the driver's seat. Measurements and particulars were given by several witnesses to show that the lorry was an its correct side. Dr. K. S. Mucky estimated that plaintiff's arm would be quite sound in three months, with no permanent disability. Mr. Kenneth Mackenzie agreed with this. His Honor, in summing up, said the vital question for the jury to decide was which driver deviated from his course. A very important piece of evidence was the plan of a police officer made at the time. This showed the motor-lorry oti the correct side of the road and relieved its driver of responsibility. The jury returned with a verdict for plaintiff for £259 15s 6d damages, made tip of £l2O loss of earnings, £IOO general damages, £."55 repairs to car and £1 15s Cd hospital expenses. Judgment was entered accordingly, and the coun-ter-claim struck out. Mr. Goldstinc was granted an extension of time in which to make application for a new trial, on the ground that the verdict was against the weight of evidence. REFUSAL OF NEW TRIAL CENTRE LINE OF ROAD [from our owx courkstonpent] HAMILTON. Thursday The opinion that, for the purpose of tho case under consideration, tho centre-line of the bitumen formation was to be regarded as tho centre-line of the road, was given by Mr. Justice Herdman in a reserved judgment received in the Hamilton Supreme Court to-day.

The rase was one in which Augustus Alexander Frederick Candy and Benjamin Gilbert Candy, farmers, Pokuru, and Harriet Tattcrsall Candy, wife of Benjamin Gilbert Candy, sought to recover damages from John Alexander Maxwell and Albert Edward Wilson, carriers, To Awamutu, arising out of a collision between a car in which the plaintiffs were travelling and a lorry driven by an employee of defendants. A verdict was given by the jury for £268 12s in favour of Mrs. Candy foxdamages for personal injuries, and for £Bl 4s 6d in favour of Candy Brothers for damages with respect to the car. Defendants applied for a new trial, alleging misdirection and that the verdict was against the weight of evidence.

That the car was proceeding along its correct side of the road when the accident occured could not be doubted, said His Honor. The charge against the lorry driver was that as lie rounded the corner he swung too far across tho road and struck the car. It was contended nt the trial that ho was driving on the wrong side of the road. At the point of impact the road was 54ft. in width and the bitumen was 28ft. in width, continued His Honor. Metal, sand, gravel and grass were at the side of the bitumen, and if the grass area were deducted, 39ft. of bitumen and metal were left. The part of the road which was not made of bitumen might be reasonably usable, and if it comprised part of the road, defendants' driver might havo been in his correct place for traffic purposes. His Honor said the consequences of deciding in a case where a broad highMay of bitumen was provided for motor traffic that other irregular pieces of road formation were to be taken into account for the purpose of determining the ccntrc-lino might be so serious that he felt obliged to interpret tho rule as meaning in such a case as the jury was considering tho centre of the bitumen. That was tho portion of the road used for vehicular traffic, and which was laid down for vehicular traffic.

There was nothing in the facts proved to justify any suggestion that the verdict was against tho weight of evidence, said His Honor. The application for a new trial was therefore dismissed.