SOUTH OTAGO

Otago Daily Times, Issue 22373, 21 September 1934, Page 12

SOUTH OTAGO

\ BALCLUTHA Mr H. J. Dixon, S.M., was occupied for the whole of Wednesday afternoon and until after 9 o’clock at night in the hearing of a case in which-William Henry Shelfelbien, bookseller, of ' Dunedin, claimed £6l 2s 6d from George Green, stock agent, Balclutha, damages as a result of a motor car collision on. March 30 at the corner of Barr and Clyde streets, Balclutha. The defendant counterclaimed for £lB 17s, damages to, his car. Mr F. N. Hanan (Dunedin) appeared for plaintiff and Mr R_. R. Grigor for the .defendant. —The plaintiff gave evidence that on the date mentioned he was driving from Tawanuf to Dunedin when, at the corner of Barr and Clyde streets, Balclutha, he collided with a car driven by the defendant, which, the witness stated, was travelling on the wrong side of th e road and at a speed of 25 miles an hour. It was dusk at the time, and, witness, swerved his car to the right when he saw that he could not get across the intersection in time to avoid' a' collision. The .corner w v ,as- too sharp to allow him to swerve to‘the left. He had his brakes on when the impact occurred. The left-hand rear wheel ot his car was damaged. The shock caused the : car to swing round with its back to Clyde, street, and the back of the defendant’s car was swung round so that the par , faced, down Clyde street. When witness approached the defendant at the time of the accident he wanted to "square” the matter privately, hut-wit-ness refused;— George; Weldon Clark, grocer’s assistant, Dunedin, who was a passenger in the plaintiff’s car when the accident occurred, said he heard the defendant say to the plaintiff, ‘ rouie to blame for this accident. —lq Air Hanan: The plaintiff had to .cut 'the corner in order to try.to avoid the other car —Evidence for the plaintiff was also given by Frederick Albert M edde and Frederick Simmons (Dunedin), who stated that the plaintiff’s brakes were in good Order when he had tested trie car in Dunedin before the accident.— Mr Grigor, for the defendant, said tne latter was proceeding south on his ,left side of the road, which was his correct side, and the plaintiff , had failed to give way to traffic on his right, and had cut the cornel’, whereas the defendant had done everything required under the regulations. The plaintiff’s car cut in at the intersection and struck the defendant s car on the right-hand side of Barr street. That, counsel submitted, showed that the plaintiff had come along the street on his- wrong side. Had .he been on his correct side, then it might have been defendant’s duty to pull. up, as this was a case where a motorist could not disregard traffic coming in from the left.— George L. Green gave evidence along the lines indicated by counsel. The plaintiff had told him after the collision that the accident was caused through his (plaintiff’s) brakes not holding. Evidence was also given by witnesses, who had been at or near the scene of the accident at the time (C. Stevenson, J. Smith, 1. Robertson, Robert Davie), and Constables Boyle and Watkins (who had -been called to the scene and had-next, day .made measurements and examined skid marks). —The magistrate said he would reserve his decision. • ' Mrs Joseph Maker died suddenly at Balclutha Hospital on Tuesday night, after having been an inmate of the hospital for only a few days. She was aged 52, and was a daughter of the late Mr Alexander M‘Neil, an early settler who claimed to have been ' the first white child born on the Clutha Flat. The deceased, who had lived practically all her life in Balclutha, took an active interest in the local Alethodist Church, and was held in esteem by all who knew her. Her husband predeceased her by four years, and she is survived by ‘two grown-up sons and daughters. Messrs D. Sinclair,. -S,’ V. White, amt C, E : .'.'o ! Hhra" will leave Balclutha on Tuesday' for Wellington, on.-, route to Melbourne for the centenary celebrations.