BUS AND LORRY COLLIDE

Sun (Auckland), Volume II, Issue 418, 28 July 1928, Page 4

BUS AND LORRY COLLIDE

PASSENGER CLAIMS DAMAGES JURY FAILS TO AGREE (From Our Own Correspondent.) HAMILTON, Friday. Tlie case in which Mrs. Leticia Eleanor Fenton, wife of James Fenton, of Frankton (Mr. W. P. Gray), claimed £SOO general damages and £SO Ss lid special damages against Buses, Ltd. (Mr. W. J. King) and Ronald Noel Brown, carrier, Dannevirke (Mr. J. F. Strang) was continued in the Supreme Court before Mr. Justice Blair and a jury to-day. The claim was one for damages for injuries received while plaintiff was travelling in one of the defendant company’s buses on October 15, 1927. Or. Hugh Douglas, for the defence, said Mrs. Fentoji had suffered little permanent disability. Dr. A. W. Beveridge, eye specialist, Hamilton, said he foLind an error of focus in Mrs. Fenton’s eyes. He thought this fault had existed all her life. BUS DRIVER’S EVIDENCE The driver of the bus concerned in the accident, Roy Stanley Beamish, said he travelled up London Street at under 20 miles an hour. When 100 yards away from it he saw the motorlorry turn into London Street. It was then travelling at seven or eight miles an hour. No signal was given by the lorry driver that he intended to turn into a right-of-way, and witness expected the lorry to proceed ahead. The lorry suddenly turned. and witness applied his brakes and swerved sharply to the right. Witness said he did not sound his horn, for he saw no reason for doing so. The lorry driver did not sound his horn. Dr. F. W. Pinfold said he saw Mrs. Fenton directly after the accident. He did not think she had suffered any permanent disability. SPEED OF LORRY The defendant. Ronald Noel Brown, said that on October 3 7 last he was driving a truck loaded with benzine in London Street, when the collision occurred. The maximum speed of the lorry was 15 miles an hour. He was driving at eight miles an hour when he turned into London Street, and as he was about to turn into a right-of-way he slackened his speed still further. Witness said he considered the damage done to the bus was due to the speed at which the bus was travelling prior to the impact. The bus did not swerve until it was three feet away from' the point of collision, and its speed was then about 25 miles an hour. Witness considered he had plenty of time to pass in front of the bus. The jury, after a retirement of 5i hours, failed to agree on the three issues Submitted to them. The jury announced that it had agreed on two ol' the issues, but could not procure the requisite majority on one of the issues submitted. His Honour stated that their decision was tantamount to a disagreement and discharged the jury.