MOTOR CAR COLLISION

Poverty Bay Herald, Volume LXII, Issue 18759, 16 July 1935, Page 6

MOTOR CAR COLLISION

SEQUEL IN COURT • NEGLIGENCE AU/EGED Negligence was alleged by each party against the other in a civil case heard by Mr E. 1.. Walton, S.M., to-day arising out of a collision which occurred between two cars on the Mangatuna road on. November 24 last. The plaiptiff was Henry Burton Gardner (Mr .1. W. Blathwayt) who claimed £2-6 4s from Hugh Cave. (Mr J. G. Nolan), alleging negligent and unskilful driving. Plaintiff further alleged that the defendant was guilty of negligence by driving on the wrong side of the road, driving at excessive speed, failing 1 to give sufficient warning of his approach, failing to keep a proper look out, failing to apply brakes or to stop in sufficient time to avoid a collision, iiud failing to exercise due care ami dUil. Defendant count for £4 19s as damages, alleging negligent and unskilful driving by defendant's servant, driving on the wrong side of tho road, travelling at excessive speed or improper speed, giving insufficient wanting of approach, failing to keep a proper look out' and failing to apply tho brakes or to stop iri sufficient lime to avoid a collision. Judgment was given for plaint,ill Gardner on the claim for £25 4s and also for Gardner on the counter-claim. The magistrate found that Gardner's car was stationary at the moment of the collision and 1 lint- the defendant was travelling faster than he should have been. Had the defendant been travelling more slowly, he would have been ahe to puli up in time to avoid a collision.