MOTOR COLLISION

New Zealand Times, Volume XLVI, Issue 10669, 16 August 1920, Page 5

MOTOR COLLISION

ACTION FOR DAMAGES. PLAINTIFF AWARDED % £253. The hearing of tho civil action whorein Thomas Hull, of Wellington, painter (Mr T. Neave), sought to recover from Walter James Gardner and William John March, of "Wellington, taxiproprietors (Mr H. O'Loary), tho sum of £'s3o by way of damages alleged to have been sustained by _ his motorcar as a result of a collision with a motor-car owned by the defendants, was continued before Mr Justice Edwards and a jury of twelve at the Supreme Court yesterday. The plaintiff based his oase on an allegation that Gardner was driving «. motor-car at an excessive speed and on tho wrong side of the road. Evidence in support was given on Friday. The defendants contended that the plaintiff drove his oar negligently and at an excessive speed when entering Tasman stroot from Rugby street, wherefor they counter-claimed for £lO5 damages. In support of the counter-claim, Walter J. Gardner deposed that ho drove tho motor-icar.,: .down,.- -Tasman street at 9- speed of twenty miles per hour, and saw the plaintiff's car approaching Tasmnn street from Rugby street. It. was in the centre of the roadway and about ten yards from the intersection. Plaintiff pulled round a bit to the right, through defendant blowing his horn, and witness then accelerated speed and got past quickly. When witness was about three yards awav, Hull altered his course and made an attempt to get on his loft-hand side a/Tro&s Tasman street. Deponent made a swervo 10 the right and caught plaintiff's car in the rear. * _ To Mr Neavo: He was not driving from Athletic Park to catch a train, or foK any appointed time. Gerald H. Weir, who was an occupant of Gardner's car, said that he had not noticed anything extraordinary in tho.speed of the car. After oounset o-nd His Honour _ had addressed thom s the jurymen deliberated for one hear and twenty minutes, and then returned a verdict for the plaintiff for £253 damages and costs.