NEGLIGENT DELVING

Southland Times, Issue 19347, 12 September 1924, Page 7

NEGLIGENT DELVING

SEQUEL TO NORTH ROAD COLLISION. DAMAGES AWARDED TO MOTORCYCLIST. At the Magistrates Court yesterday, before Mr J. G. L. Hewitt, S.M., John McCann (Mr B. W. Hewitt) sought w recover the sum of £B5 from Alexander Qoughley (Mr H. Macalisteri in respect of damages sustained by plaintiff and his motor-cycle in a collision with a car driven by defendant. in outlining the case for the plaintiff, Mr Hew at said that the accident occurred at the crossroads on the North Road known as Cooper’s Corner, at about 11 p.m. on the night of Easter Sunday. It would be shown that defendant did not carry a sufficient light on his car, and consequently could not be seen by plaintiff. James Mowat Davis, manager of Davis and Prentice Ltd., said he sold the motorcycle to plaintiff for £ll5. It had a very strong headlight, which could be se-en by an approaching motorist when about 400 yards away. When returned io witness after the accident, the machine was a wreck, and was only worth £2O as spare parts. John McCann, farm labourer, Five Rivers, said that on the night of Easier Monday he was journeying out the North Road on a motor-cycle at about 20 to 25 miles per hour. It was a dark night, and be saw no lights approaching Cooper s Corner from the Riverton Road, the hist indication of defendant’s car on the road being when it was right on top of him. The cycle was completely smashed, and witness was cut and bruised. Subsequently defendant met witness and asked him if "he was still alive,” expressing his willingness to pay for the damage, if he had the money. Witness asked him to- call and see Mr Davis, but thia defendant had not done. Ale.xa.nder do ugh ley (jnnr ) the defendant, said he was returning from Riverton on the night in question, with several passengers in his car. At Waianiwa his headlights fused, and he drove slowly, using an electric torch. As he approached Cooper’s corner at 10 or 12 miles an hour, he saw plaintiff’s light approaching at in his opinion, at least 35 miles an hour, and he then reduced speed, but was unable to avoid a collision. After the accident he found both ends of the car’s chassis were twisted to the left, and other damage was done. Wm. Findlayson, taxi-driver, of Wallacetown, said plaintiff passed him at about 40 m.p.h. at the terminus of the Waikiwi tram line. He reached the scene of the acident about 5 minutes after it had occurred.

John M. Grieve, motor garage proprietor, gave evidence as to the damage sustained by defendant’s car in the collision. Denis Tuffley, cheese maker, said he was a passenger in defendant’s car, and corroborated defendant’s evidence as to the course taken by the car up to the time of the collision. In his opinion plaintiff was travelling about 35 m.p-h. James Tuffley, butcher, also corroborated defendant’s statement. He was a passenger on the car, and remembered defendant using the torch.

Robert Oughton, clerk, said he was a passenger in the front seat of defendant’s car. When the motor-cycle struck the car plaintiff was thrown about 10 yards. He did not notice the motor-cycle until the car was nearly at the corner.

For the defendant, Mr Macalister submitted that plaintiff was guilty of negligence in travelling at so great a speed. Defendant had done all in his power to prevent an accident, and be would suggest that plaintiff had not kept a proper look-out. In giving his decision, His Worship ruled that the defendant had been guilty of decided negligence in driving his car with no headlights, and gave judgment for the amount claimed, with £8 11/- costs.