DAMAGES CLAIM

Southland Times, Issue 20614, 12 October 1928, Page 5

DAMAGES CLAIM

SEQUEL TO MQTOR ACCIDENT. JUDGMENT FOR PLAINTIFF. A claim arising out of a motor collision which occurred some weeks ago was heard yesterday afternoon before Mr G. Cruickshank, S.M., when J. W. Puckey (Mr J. Hewat), claimed £l9 3/6 for damages done to his car and £lO for general depreciation to his car, from L. D. Burgess (Mr M. Mitchell). James Walter Puckey said that the accident occurred on the afternoon of July 4. It was not possible to see cars on the North Road from Arthur street, but a driver on the North Road could see the hood of a car 40 or 50 yards back in Arthur street. When he entered the main North Road he saw defendant’s car about four chains away, so he continued across the road in a wide sweep and the next thing he knew was the crash of the other car striking his left-hand dumb-iron. The defendant could have passed on his proper side or could have turned down Arthur street. William Batchelor said that he saw defendant’s car going along the North Road at what he estimated to be about 40 miles per hour. He heard the collision, but did not see it. In reply to Mr Mitchell witness said that he could not estimate the speed of the car with any certainty. Stephen Macdonald gave evidence regarding the speed of defendant’s car, and said that it was travelling at an extraordinary rate for that part of the town, the speed being fully 35 miles per hour. In reply to Mr Mitchell witness said that defendant should have been able to see Puckey’s car three chains before he struck it. John Yeo gave evidence similar to that given by Macdonald. Witness estimated the speed of defendant’s car at 40 miles per hour. Henry Albert Wilks gave evidence regarding the repairs done to Puckey’s car. He considered that the claim for depreciation was reasonable. Leonard Dixon Burgess, the defendant, said that on the day of the collision he was travelling along the North Road at about 20 miles per hour between intersections. Plaintiff’s car was about a car’s length away when it appeared and as defendant had the right of way he attempted to pass in front of it. Witness applied the brakes as soon as he saw plaintiff, and the car was not travelling fast when it struck plaintiff’s car. Robert Ferrier, an engine driver, said that he was standing on his engine near the scene of the accident, and saw Puckey coming up Arthur street. Puckey was looking up the North Road towards Waikiwi. In reply to Mr Hewat witness said that he did not think Burgess was travelling very fast. " The’ Magistrate said that by Burgess’s evidence he had done a ridiculous thing in attempting to pass in front of the plaintiff and judgment would be given in favour of plaintiff for the full claim less £4, with Court costs £2 14/-, solicitor’s fees £4 3/and witnesses’ expenses £2.