CLAIM FOR DAMAGES

New Zealand Herald, Volume LXXIII, Issue 22578, 17 November 1936, Page 14

CLAIM FOR DAMAGES

COLLISION AT OTAHUHU JUDGMENT RESERVED Argument as to whether the righthand rule operated when two vehieles met at. the junction of two main highways 011 a V-shaped corner was heard in the Magistrate's Court at Otahuhu yesterday before Mr. F. K. Hunt, S.M., during an action for damages. The Gisborne Sheepfarmers' Frozen Meat and Mercantile Company, Limited (Mr. Hore), sought to recover from Walter McXaughton, farmer, of Waiuku (Mr. Holmden), the sum of £9O 15s 9d, following a collision between two motorcars at Otahuhu 6n August 25, 1935. The statement of claim alleged negligence on the part of defendant. Mr. Hore said that .in employee of the plaintiff company was proceeding from Auckland to Gisborno, and when approaching a bend on the Great South Road in the main street of Otahuhu, defendant's car, which came from the opposite direction, went straight ahead and crossed tho other car's path. A collision resulted. : , , Mr. Holmden said that defendant had merely kept on his original course, which would take him into Atkinson Avenue. There was no need for defendant to deviate in any way from his course and it was incorrect to say that ho had crossed the line of traffic. It was the plaintiff's car which had to make the sweep to negotiate the bend. If there was any negligence, it must be equally shared between tho parties. After evidence had been heard, Mr. Hore suggested that decision should be reserved until after January 31. He understood that defendant was liable to receive relief under the Mortgagors and Lessees' Rehabilitation Act, and any judgment given before that date would be incapable of execution. Mr. Holmden said lie did not know whether defendant intended to apply under tho Act, but he was eligible and the provisions of tho Act were as counsel had stated. . . Mr. Hunt said ho recognised the position and reserved judgment.