THE KAITI BRIDGE ACCIDENT.

Poverty Bay Herald, Volume XLIV, Issue 14439, 27 October 1917, Page 5

THE KAITI BRIDGE ACCIDENT.

JUDGMENT FOR PLAINTIFFS

At the Magistrate's. Court this moaning His Worship (Mr W. A. Barton, S.M.) deliVfeved his reserved decision m the cases arising out of the accident which occurred recently on the* Kaiti bridge, when a cai'l.dviven by Stanley Dean collided with a baker's cart, the horse attached to which was driven by Herbert Fryer. claims arose from the same accidents . In the case Victor Archibald and Annie Fryer v. Stanley Dean, His Worship, after stating the evidence given for each side proceeded: — . - V. The questioK which . I am called uponi to decide is, whether taking all the circumstances into consideration , the defendant was guilty of negligence. . He admits, that when approa,cbing,;the bridge, which was not ligjit^d, that lye could see some object on^it, "but could: itwt say whether it was^goigvg from him-ot-oom-ing towards h^n,>; v^nd. tj?at'b^i.ng. ; ;sp it was his duty|,|o^i«ave kept% c.Jref til .-look out, parti cuJarl^vßq v "when he/ entered the centre , sjjftijj. Soft; tlie^bj'i Jge, * which a'is narrower itba-ry the ether pp^t'io^ , ; . 'He states that ,;jgie jsr4s driving at. a^i&peed;. of 8 to 10 4 jtiiJ^s an hoiir, that his lights showed fcir:&;<]isji&nce of about 40 feet m front of th^ carj and that he could pull S) his/car , within a distance of six leei. c, says t^aJt ft§ M& not «se^ any light-; .$n ihe -icaljt 'until h'es*. was right, on •'to'^t^l am satisfied, how^yer, that therß^-as a. light on the driving side of the -earfe" only, .but the fact of there being only one; light did not m my opinion m any w;ay ; contribute .to the . 'aecicleiit. It is true that the light was • nbt° very brilliant., but I am satisfied that it was sufficient to have been .seen by the defendant; had he, kept»a -ptbpm "look-but. Tlie witness TGleorge . Suttp'n, "who apparently is "entirely .disinterestedv .says that He ■was , driving beWnS " caiV on th^ 'occasran/ih\^ue^tfonV^ajfid-:\wa^'-.i^bbut^-'a. c^aih<vpff immedjafely^ before the; collision, tha^: he^saw : the ' li^ht of, -the cart/ distinctly, and . v that. ,Fr,yejr's -,'■ "cart was as far- ove^ohVYits; proper driy■ihg.: side jSis .it was. possible tO get; that it iwiaa' within a. foot- of ythe railings : of fchevbridge. lie says hie .'did l;not.see i the: horse liia^^ it done so hi muM, li;ave r seen it. He .says that thei de? ■,fend*ht dr6ve his car ,up the centre, ,b£ l the': bridge; . The ;, "defendant >adfhitfv thatvhis;lights''showed a distance i of at least 40 feet' ahead, that; he cbu. I \ pull : lip ;iiis car . tfithin six feet, at :;the ! spded ; he travelling ; and 'that ' beinjH so I ampsitis§€d.'that had he kept a proper loojfe out; "as' it ' was^iclearly; Ms, duty #o I ;haye~dq^e, r the,aqci(3eiit coirtd hiive 'bjeenl ayciiaSar '; ; I am \ f drther of 'the opinion 1 ;that^ AJniiy all rth'e;; citctunstaiices th^e defjen- ' ' : dalh%r.^as:.trayeUmg\ : at' : 'an/e^'ce'ssjv.e'spQed' ?at' jthe; tiiiie of; the accident; For the :reason>i given': I'.ani 'satisfied' firom. . t^ie ;evicieric6 r^that' -the accident ,' resulted' thrpughvinegiigen^e on p&ti: of the* defendaiife^ arid' the jjlaintiff is .therefore entitled^ teh succeed m /:this ' aotjo A- ; ibbe: only qtiestiqri'. 'beinc -danijigesv |jlamtiffs 'ar^; entitled'; t£ • reboTeft' "'■' VvJ 'j allow V/fdr^repaii's to the , cart : ;| pairs to the harness £1 12s 6d, ma^-and boy i to replace Fryer, I allow for four weeks ' fit £1 " ss, £5, cost' of Court £1, . solicitor's fee £1 6s. \^. 'l v i In reference to the case of Herbert, Fryer y. Stanley Dean, having' found^ m the. .former case that the accident : arose through the negligence of fhe;^defendant/ the only question to b.e considered is what amount of damage has plaintiff susitained 1 by reason 6f the accident..; I nllow" for loss of wages, four weeks : at £4. £16, medical expenses' |)1 Bs' od, car hire damage to health , and earningpqwer ,£lo— total ' £28 3s 6d, with costs of 'Coiirt, £1 16s, witnesses' expenses £1 .9s,' solicitor's fee £2 12s. , , : .' '\ ■.)