COLLISION SEQUEL

New Zealand Herald, Volume LXXV, Issue 23196, 16 November 1938, Page 17

COLLISION SEQUEL

£165 DAMAGES CLAIMED QUESTION OF NEGLIGENCE [] lY TELEGRAPH —OWN CORRESPONDENT] WHANGAREI, Tuesday A claim for £165 in respect of dimage to a motor-car as the result oi! a collision was heard before Mr. G. IS" Morris, S.M., in the Wliangarei Magistrate's Court to-day, the hearing b< ing deferred for legal argument. The plaintiff was Mrs. Catherine Craig Fiirgus, for whom Mr. L. A. Johnson aj peared, and the defendant was A. Graham (Mr. R. K. Trimmer). The facts of the case, as outlined by Mr. Johnson, were that a car driven bv the defendant collided on the State highway at Waipu with one owned by tie plaintiff and driven by her son, Kenneth Fergus. The road was straight aid level, with a metal width of 20ft. Graham, it was alleged, was on his incorrect side, plaintiff's son being on hi j correct side. Both vehicles were travelling at about 20 to 25 miles an hour ~ . t Mr. Trimmer did not call evidence, but asked for judgment for the defendant. He said he was empowered to admit the defendant was guilty of negligence, in that he had not noticed the approaching car, but so also was the plaintiff's son, in that he could have avoided the collision. He had failed to sound his horn when he saw defendant's car approaching on tho incorrect side. He had failed to stop or to reduce his speed, or to deviate from his course, or to do anything to avert the conseqnonces of the defendant s negligent'!), until the vehicles werp about 4yds. apart, when it was too late to avoid ia collision. The magistrate intimated that lie would hear legal argument before giving judgment.