COMPENSATION WANTED

Southland Times, Issue 20615, 13 October 1928, Page 7

COMPENSATION WANTED

ANOTHER COLLISION CASE. ALLEGED CARELESS DRIVING. A claim for damages arising out of a motor collision at the intersection of the Titaroa road and the main WaimahakaInvercargill road r.ear Pine Bush occupied most of the time in the Magistrate’s Court before Mr. G. Cruickshank. S.M., yesterday morning. The plaintiff, William Manson, a salesman, was represented by Mr. A. Hogg and Mr. Eustace Russell appeared for the defendant, Walter Crichton, a butcher of Wyndham. The total claim amounted to £B9 4/3. The plaintiff alleged that defendant’s van stopped in the road thus causing the collision and defendant claimed that plaintiff was travelling at an excessive speed. William Manson, a traveller for tMe Vacuum Oil Company, said that he was travelling from Tokanui to Invercargill when the accident occurred. He sounded his horn before he reached the intersection and slowed down but did not apply his brakes. Defendant was not looking towards witness when he crossed the road. In reply to Mr. Russell Manson said that he saw defendant plainly and that defendant checked his speed suddenly as he crossed the road. He did not discuse the accident with Tilson. Charles Berford said that he was in the car with Manson at the time of the accident. He regarded Manson as a good driver and did not think he ever drove faster than 30 miles per hour on the journey. The defendant’s van came on to the intersection very slowly and the driver was looking towards Invercargill. The driver later said that he was looking for a bus as he entered the main road. To Mr. Russell witness said that the van was stationary and was standing broadside across, the road when they struck it. Witness considered that the van was moved six or seven feet. Mr. Russell said the defence was that the defendant was crossing the road and had ample room to do so if the plaintiff had been travelling at a reasonable speed. It appeared that plaintiff had expected the van to turn down the road in front of him and had gone to the right to pass him. ' Eric Tilson, the driver of the van said that he had been driving the van for Crichton for 13 months. He was crossing the intersection slowly when he saw plaintiff’s car approaching about a chain away. Witness accelerated to get out of the way but was unable to do so. The truck was thrown bodily into the hedge and the car travelled about a chain before it stopped. Manson came back and said: “It looks as if there was a bit of tin bent.” Witness asked him why he was on the wrong side of the road and witness alleged Manson replied that he thought the van was going to turn and he turned to the right to pass it. In reply to Mr. Hogg witness .said that the dust was flying off the road behind plaintiff’s car. James Menzies Marshall, manager of a Wyndham garage, said that he went to the scene of the accident with Crichton. He gave evidence regarding the marks made by. the cars on the road. The van could not have been thrown any further because it was stopped by the hedge. The car must have been travelling more than 15 miles per hour to have thrown the van as far as it did. To Mr. Hogg: The spokes from the back wheels of the van were scattered around. Adam Dunlop, a farmer at Pine Bush, said that he heard the noise of the collision. The marks on the road where the collision occurred were visible for days. Witneso measured the position of the marks and they were four feet from the right side of the road. The back of the van was thrown 32 feet. Mr. Russell: It could not have been thrown further? Dunlop: It would have been in my paddock if the hedge hadn’t stopped it. George Duthie said that he arrived on the scene of the accident about 10 minutes after the collision occurred, and gave evidence similar to that given by Dunlop regarding the position of the cars and the marks on the road. Walter Crighton, the defendant and owner of the van, said that he journeyed to the scene of the accident with Marshall and corroborated the previous evidence given by witnesses for the defence. The Magistrate said that he was convinced that Manson was to blame. Manson evidently thought Tilson was going to turn down the road and attempted to pass on his right. Manson made an error of judg ment and judgment would be given for the defendant on the counter-claim. £22 19/7, Court costs £l, witnesses’ expenses £6 5/-, solicitor’s fee £4 4/w