“INEVITABLE ACCIDENT”

Sun (Auckland), Volume III, Issue 748, 22 August 1929, Page 10

“INEVITABLE ACCIDENT”

MOTORIST’S CLAIM FAILS JUDGMENT FOR DEFENDANT (From Our Own Con'espondent ■ PUKEKOHE, Wednesday. “This is one of these country roads where two cars meet once a year, and where, unless both parties exercise great care, there is bound to be an accident.” So said Mr. F. H. Levien. S.M.. in the I Pukekohe Court today. Holding that ! the negligence was equally divided. ; the magistrate gave judgment for the defendant in a civil claim, following j a collision between two cars on the j Waikato Heads Road on March 17. Charles Woodford, a taxi proprietor, j Ruatoria, whose evidence was taken :in the Gisborne Court, proceeded j against L. A. Allen, farmer. One where. | claiming £34 13s 2d damages. Mr. E. G. Foster appeared for plain - I tiff and Mr. G. Arrow smith for defend- ! ant. | Plaintiff stated he was travelling ; around a bend, keeping well to his left , against a cliff, when the car driven by defendant s son collided with his car. Allen did not make any attempt to avoid the collision by keeping sufficiI ently far to his left. • The defendant stated his son was in j the habit of using the car. but had not I received his permission to do so on this I occasion, although the boy tvok his ; mother with him on the day of the j collision, he. defendant, being absent. ; The question of agency was raised iby the defence, counsel for plaintiff : quoting authorities showing what conI stituted an agency. This the Bench upheld. Mrs. Mary Isabella Allen said both \ drivers applied their brakes, but th • collision was inevitable. She denied having told plaintiff to have his car repaired. The driver. John Franklin Allen, said he did not observe plaintiff until about six feet distant. Although ne applied ’’is brakes and deviated to the left the impact occurred. Plaintiff was about two feet from the cliff when the collision occurred. The magistrate remarked that under the circumstances the court should not call upon the defendant to pay the damages, the accident being an inevitable one. He gave judgment for the defendant, with £6 16s costs. 9