VAN AND CAR IN COLLISION

Southland Times, Issue 24114, 1 May 1940, Page 4

VAN AND CAR IN COLLISION

ACCIDENT ON BEACH ROAD ,

CLAIM FOR DAMAGES HEARD

A collision between a motor-van and a small sedan chr on the Oreti Beach road about midnight on November 18 was the cause of an action for damages in the Magistrate’s Court yesterday. Percy Frederick Johnson, the driver of the van, was the plaintiff. He claimed from Frederick Baty, the driver of the car, damages totalling £lO2/8/-, made up as follows:—Cost of repairs to van, £B7/4/-; loss of use of van for four weeks, £l5/4/-. Mr H. J. Macalister represented the plaintiff and Mr J. Robertson represented the defendant. The collision occurred at the western end of the beach side approach to the New River bridge, said Mr Macalister. The plaintiff and three companions had been to a dance and decided to go for a run to Oreti Beach. The van was on the western approach to the bridge when Johnson saw a car coming towards him. It was on its incorrect side of the road. The plaintiff applied the brakes and was almost pulled up when his van was struck by the car. As the result of the collision the axle of the van was twisted, a spring was broken and the chassis was badly twisted. The driver of the car was injured and was taken to hispital. The plaintiff in his statement of claim alleged that the collision was due to the negligence of the defendant in failing to keep a proper look-out, driving on his incorrect side of the road and travelling at an excessive speed in the circumstances. DRIVER OF CAR INJURED Percy Frederick Johnson, a fruiterer, said he was driving the van when the accident occurred. Miss Ford was in the front seat with him and Mr Gardiner and Miss Leonard were in the back of the van. Just after he crossed the Oreti bridge he noticed the lights of an oncoming car. The car was on the wrong side of the road and he saw that a collision was inevitable. The plaintiff said he applied his brakes and his van was practically stopped when the collision occurred. He was not sure whether he dipped the lights of his van when approaching the car. The driver of the car was injured and was taken ‘to hospital. Mary Patricia Ford, a passenger in the cab seat of the van, said the van was on its correct side of the road. When the collision occurred the plaintiff’s car was travelling at about 10 miles an hour. James Gardiner, a barman, of Bluff, who was sitting in the back of the van, gave evidence that the van was not travelling fast on the way out to the bridge. Mary Ellen Leonard said she asked the plaintiff not to drive fast and was told that the car was not doing more than 30 to 35 miles an hour. The noise of the engine made it appear that the van was travelling fast. John Blomfield, a carrier, who was on his way to Oreti Beach on the night of the accident, said he saw the two vehicles soon after the accident. The plaintiff’s van was right alongside the fence of the approach to the bridge. The light car, to do the damage received by the van, must have hit the van at a considerable speed, said Charles E. Watts, motor garage proprietor, who gave evidence about the damage to both vehicles. DAZZLED BY VAN LIGHTS Joseph Norton, a lorry driver, who was in a car driven by Mr Knight on the night of the accident, said their car was travelling along the road towards the bridge just ahead of the car driven by the defendant. At the approach to the bridge he saw the lights of a motor-vehicle approaching. The lights were very dazzling and the vehicle was travelling fast when it passed their car. It was on the crown of the road. Knight’s car was well over on the left of the road. He could see through the back window that there had been an accident. To Mr Macalister: Drizzling rain had fallen that night. He saw the lights of the defendant’s car after the plaintiff’s car passed. The defendant’s car was not far behind Knight’s car. He just saw a flash as the vehicle—he thought it was a car at the time—passed him. To the Magistrate: The lights of the van were not dipped; the van was travelling very fast when it passed Knight’s car. Frederick Baty, the defendant, said he was driving about 28 miles an hour on his correct side of the road. All he could remember of the accident was the dazzle of lights. The glare of the lights was shining straight at his car. He was knocked unconscious by the collision. Up to the time of being dazzled he was on his correct side of the road. To Mr Macalister: He knew nothing about a bottle of cocktail found in the back of his car. The Magistrate (Mr R. C. Abernethy) said he would take time to consider his judgement. The hearing of a counter-claim for damages was adjourned.