MOTOR COLLISION

Otago Daily Times, Issue 22328, 31 July 1934, Page 2

MOTOR COLLISION

CLAIM FOR DAMAGES David Mann, traffic inspector, St. Kilda. proceeded against Arthur Quinn, clothing manufacturer, Dunedin, for a sum of £ll2 7s Sd, damages alleged ;o have been received through a collision between a motor cycle (ridden by the plaintiff) nnd a motor car (driven by the defendant). The accident took place at the intersection of Playfair street and Hazel avenue, Caversham, on November 23 of. last year. Mr E. J. Anderson appeared for tlis plaintiff and Mr J. P. Ward for the defendant.

Mr Anderson said that the plaintiff ! was a traffic inspector in the employ of the St. Kilda Borough Council, and on the occasion of the accident was proceeding to his home in Caversham. The plaintiff had come along Marion street, and was going at a quiet speed south along- Playfair street, lie was in iniform. Just before getting to Hazel avenue corner lie saw the defendant coming out of M'Beth street. The plaintiff considered that the defendant was driving in a reckless manner. He throw out his clutch, slackened up, and held up his right hand. Counsel explained that after coming out of M'Beth strct the defendant swerved along the loft side of Playfair street going north and then swerved right across Playfair street and collided with the plaintiff. The defendant's car had hit the plaintiff's machine head-on and had carried hitn 39 feet into a fence of a residence at tb«: corner of Playfair street and Hazel avenue. It was alleged that the defendant had driven in a reckless manner and that ho failed to keep a proper lookout. The defendant had paid into coirt £Ol 2s Gd with a denial of liability. Plaintiff claimed £62 7s Bd, damages to his motor cycle, loss of earnings, etc., and £SO by way of genera! damages. David Mann, traffic inspector in the employ of the St. Kilda Borough Council, said that'at 5.50 p.m. on November 23 last he was riding his motor cycle to his home in Caversham. He came along Marion street, going south, about 11 feet from his left side. Near the intersection of Hazel avenue and Playfair street he saw a car come out of M'Beth street at a speed of 20 to 26 miles an hour. He considered that was too fast a speed to come out of such a street. He held out his hand, and threw out his clutch. The defendant swerved across to his wrong side of Playfair street, and then partially regained his correct side, and then took a direct course across to him. At the time of the collision his motor cycle was just moving. The car appeared to come straight at him without diminishing its speed at all. He was carried in front of the car in a fairly low position on the radiator and pushed through a picket fence on the corner of Playfair street and Hazel avenue. He had to take his overcoat off to enable him to get away from the front of the car. The main injury he received was a fractured thumb. The injury would be there for all time. t Cross-examined, the witness claimed that he was really on duty. He had not been paid compensation under the Workers Compensation Act. The turn from M'Beth street into Playfair street was not a difficult turn. There was no intention to secure the loss of wages —£lß 10s 2d—in two places, from the St. Kilda Borough Council and the defendant. The question whether he would have to refund the wages of £lB 10s 2d paid to him by the St. Kilda Borough Council depended on the council.

Frederick H. Williams, civil engineer, gave evidence regarding meaeurements. Constable Hamilton also gave evidence. The corner post and the fence was, he said, broken. When he arrived the motor-cycle was lying under the left running board of the car. Quinn had told him that he saw Mann hold up his hand, and he thought he was giving him a salute. Quinn then said that he realised that Mann wanted him to stop. He had applied his brakes, and the wheels had skidded in the centre of the street. The witness gave evidence regarding the marks of skidding on the road.

Mr Ward said that he did not intend to ca*ll evidence. A very substantial sum had been paid into court, with a denial of liability, and the plaintiff had refused to accept that amount. Counsel said that from the very start they had felt that probably Quinn was at fault in going too far over on to the wrong side of the road, and for that reason the sum of money had been paid into court. The evidence given by the constable was really all the evidence which could be given by Quinn. Counsel then dealt with the subject of the damages claimed, and raised the point of the wages of £lB which were being claimed. The magistrate, in giving judgment, said that Mr Ward had been well advised not to labour the facte of the collision. It was obvious that the driving of the defendant had been grossly incompetent and negligent. This was shown by the mere fact that the unfortunate motor-cyclist had been carried a distance of 40ft and had gone through a fence. The only matter, said his Worship, was the question of damages. The evidence of the plaintiff was that his wages had to be repaid to the St. Kilda Council, but that the date of repayment had not been fixed. His Worship referred to the difficulty of fixing general damages. They should not be too much, but, on the other hand, adequate compensation should bo awarded to the plaintiff. He did not think, considering the injury from which the plaintiff had suffered, that the claim for general damages was an unreasonable one. It should be an adequate award, but it should not err on the side of generosity. Judgment would be given for plaintiff for £ll2 7a Bd, with costs. Two guineas would be allowed to Mr Williams for qualifying costs.