CLAIM BY WIDOW

New Zealand Herald, Volume LXXVI, Issue 23413, 1 August 1939, Page 14

CLAIM BY WIDOW

DEATH OF INSPECTOR CHRISTMAS EVE TRAGEDY —. & £2500 DAMAGES SOUGHT [FROM OUR OWN CORRESPONDENT] HAMILTON, Monday The death of a traffic inspector, Mr. Thomas Arthur Allcock, of Hotorua as the result of an accident which occurred at Hotorua last Christmas Eve, formed the subject bt a civil action heard before Mr. Justice Johnston and a jury of 12 in the Supreme Court nt Hamilton to-day, when Eva Florence Allcock, widow of deceased, claimed £2566 damages from Frederick William McLean, contractor, of Oropi. Mr. 0. C Mazcngarb, Wellington, and Mr. H. A. Potter, Hotorua, represented the plaintiff, and Mr. H. O. Coouey, Tauranga, represented the defendant. The plaintiff set out in her statement of claim that on the evening of Christmas Eve deceased was directing traffic with the assistance of u torch on the main Hamilton-Rotorua road near Hotorua when a truck driven by defendant struck him. Plaintiff alleged that defendant 'drove his vehicle in a negligent and unskilful manner, * that he drove without a warrant of fitness, that he failed to keep a proper lookout, and that he drove at a speed which in the circumstances was excessive. Contentions ol Defence

For the defence it was contended that tho accident was duo to deceased's negligence in that lie walked out suddenly in front of defendant's truck. It was contended that defendant drove his truck carefully, that deceased gave him 110 reasonable opportunity of avoiding the collision, and that deceased failed to keep a proper look-out. It was further contended that deceased gave no warning of his intention to walk out and that lie failed to exercise reasonable care. Huin Bernard Smith, vehicle inspector, Rotorua, gave evidence that on December 27 he examined defendant's lorry. The headlamps .and battery, were defective. The tail light was not functioning, and the warning device was not efficient. The windscreen was dirty and the wiper was not working. Witness said the hflnd-hrake was useless, but the foot-brake complied with the regulations. A warrant of fitness would not have been issued, and the vehicle carried no warrant of fitness. Evidence that he carried out visibility tests with defendant's vehicle was given by Duncan Shankland. Government mechanical engineer, Wellington. He said lie could see a man wearing deceased's white coat BSft. away with the lights of the lorry full on. Looking through the windscreen, the visibility was only 25ft. Tho lights were defective. Condition of Truck

Evidence was also given by the plaintiff. Eva Florence Allcock, who said that her late husband's salary was # her only source of income. She had received no compensation.

Mr. C'ooncy, in opening the chse for the defence, contended that the accident was caused solely by deceased's negligence in standing in the centre of the road and in not taking a couple of steps back to avoid the collision. Mr. Coonc'y asked for a nonsuit, but the point was reserved. The defendant, Frederick William McLean, contractor, of Oropi, said he relined the brakes of the truck several days before the accident, and they wore quite effective on Christmas Eve. He was driving into Rotorua when he saw a car on the side of the road. He swerved out and blew his horn, and as lie passed the car a man crossed the road obliquely and stepped in front of witness' truck. Witness immediately stopped tlie truck. Tho traffic was very heavy, end witness was nearly struck himself. Witness considered tho lights of his truck were good. After an hour's work by a mechanic, witness stated, he received a warrant of fitness for the truck.

The case was adjourned until tomorrow.