MOTOR COLLISION

Otago Daily Times, Issue 23203, 29 May 1937, Page 4

MOTOR COLLISION

CONFLICTING CLAIMS LENGTHY ■;•.•'*——-'■•..■■';.-.; V A civil action arising out of a collision between a milk lorry and a motor car at the corner of'Maitland and Princes streets on .January 24 was heard in the Magistrate's Court befor.e Mr J. R. Bartholomew,. S.M., yesterday, when lan Archibald Ashworth (Mr J. C. Robertson) proceeded against Edward Forsyth Lloyd (Mr C. M. Barnett) for £47 4s 6d damages. In the statement of claim the plaintiff said that at 0.15 a.m. on. January 24 he was driving his car across the of Maitland street and Princes street with the intention of going to South Dunedin. After he had entered upon the intersection the defendant's milk can, driven by the defendant, crashed into the motor car and wrecked'it, and also caused personal injury to the plaintiff. , His car was so badly wrecked that he. had to sell it to a wrecking company. The plaintiff alleged that the accident arose through the negligence of the defendant in that he drove his van at an excessive speed, that he failed to give way to traffic approaching from the right, and that he also failed to keep his vehicle under proper control, to keep a proper look-out, and to apply his brakes to avoid a collision. The plaintiff claimed damages totalling £47 4s 6d, consisting of £23 17s 6d damages to the car, £l3 7s.for special damages, and £lO general damages. The defendant entered a counter claim for £l5O 9s 3d. consisting of £123 13s 3d damages to his truck £ll 16s personal damages, and £ls general damages. The defendant alleged that the collision was caused by the plaintiff negligently and recklessly driving his car, in that he failed to keep his car under control, he failed to take a wide sweep to the left when turning into Princes street,, he. failed to keep his car in good mechanical order, and that he carried too many passengers in his car, with the result that he did not have it under proper control. After evidence had been taken all day, it was announced that there were still six witnesses to be heard, and the case was adjourned until 10 a.m. on Monday.