A DAMAGED MOTOR CAR.

Otago Daily Times, Issue 19785, 10 May 1926, Page 5

A DAMAGED MOTOR CAR.

NEGLIGENT DRIVING ALLEGED. The case in which Leonard William Paterson claimed from Howie’s Ltd. £331 15s for damage to, and depreciation of, a motor car was continued before IVir Justice Sira at ttie Supremo Court on Saturday. Mr H. Brasch appeared for plaintiff and Mr J. B. Callan for defendant. Mr Callan said he was prepared to put Bowie in the box to give his account of what happened. It would be a different account from Paterson’s. He, himself, and his witnesses, Bradley and Sinclair, had admitted that had Paterson not attempted to go through the apace left the accident would not have happened. Bradley and Sinclair ad mitted that it was a dangerous thing; to do. On his own statement the plaintiff had brought the accident upon himself. His Honor said the question was whether the plaintiff should have pul' ’ up or not. If Bowie were correct in saying there was a space of uft Din between them, there was room for Patcrscn to pass. There was sft 9in according to Paterson. Mr Callan. If there were 61t 9in there was no necessity to go over the bank. Continu ing, he said that the only contradiction be tween (he parties was really as to the speed of Paterson’s car, which Bowie would say was travelling at a fast speed. The whole matter was limited to 'hree seconds. Robert Bowie, manager of the defendant company, said that on September 11 he was driving a Dodge delivery van with a load of lOcwt from Tarras to Cromwell. He was going down a slight hill at about H miles an hour when he saw Paterson. Wit ness said that he had been driving (or three years round about Cromwell in a dis trict of about 200 miles. Paterson was about tOyds from him when he first came into sight. He thought Paterson was going very fast —about 30 miles an hour —when ho saw him coming. Ho did not appear to slacken speed in coming towards witness Witness did not recognise Paterson as he was coming towards him, though he knew him well. He did not notice anybody with him. That was because of the speed at which he was going. Witness inclined his van towards the left when Paterson came into view. He could have gone right into the left hand wafer-table had it been necessary. The reason he did not go into the watertable and swing back into the road was that the other car had gone past. He drove on into Cromwell. Ho could not, say what was happening behind, because ho could not see. He could not recall any impression that Paterson was pulling over to the left. It was a fact that he changed into second gear at the turn of the road because there was a rise, and’ the van had a heavy load. Mr Callan intimated that that was all the evidence he proposed to call, and the case was adjourned I- If o’clock Ibis morning.