MOTOR COLLISION

Otago Daily Times, Issue 22066, 23 September 1933, Page 5

MOTOR COLLISION

CLAIM IN MAGISTRATE’S COURT At a sitting of the Magistrate’s Court yesterday, before Mr J. R. Bartholomew, S.M., George William Thomas, a miner, of Kaitangata, proceeded against Andrew Nelson, farmer, of Brighton, claiming the sum of £77 Is (Id damages arising out of a motor collision. Mr C. J. L. White appeared for the plaintiff and Mr G. B. P. Wilson for the defendant. The statement of claim set out that the damages sued for were caused, by reason of the defendant on or about March 6, so negligently and unskilfully driving and managing a motor car on the main south road, near Titri, that he collided with a car'driven by the plaintiff, with the result that the latter’s car was badly damaged and he himself was injured. The damage to the motor car involved the plaintiff in expense amounting to £4B Is Cd, while loss of ' wages and personal damages amounting to £29 were also claimed, making- a total of £77 Is 6d. ••

Evidence was given by the plaintiff, who, in describing the collision, said that the defendant was on his wrong side of the road at the time of the impact, this evidence being supported by witnesses.

Mr Wilson, for the defence, said that the defendant had been dazzled by the headlamps of the plaintiff’s car. The defendant, in evidence, said that the brakes on his car were in good order. He was travelling towards Dunedin from Milton and when turning a bend in the road near Titri he was suddenly blinded by the lights of an 'approaching car. He immediately applied his brakes and brought his car to a stop. He was stationary only a; few seconds when the oncoming car struck him on the left side. When the defendant stepped out of his side of the car he found himself standing on a patch of grass on the right-hand side of the road.—To Mr White: Witness said he was 80 years of age and had driven for 19 years. He admitted that he was on his wrong side of the road at the moment of impact, but said that he had been Winded bv the lights of the plaintiff’s car and could not see where he was on the road.

After hearing further evidence in support of the defendant the magistrate reserved his decision.