OHURA ROAD COLLISION

Taranaki Daily News, 12 November 1929, Page 10

OHURA ROAD COLLISION

JUDGMENT IN CIVIL ACTION. MR. TATE NON-SUITS PLAINTIFF. “It- seems to me that defendant’s servant, driving a large motor-lorry loaded with metal, having the inside, safe position alongside a bank, and occupying the full half of a 16-foot clay road then under construction, was negligent in passing at 12. miles per hour defendant's large motor loaded with passengers, having ? the outside, . unsafe position next ’to a step into the swamp. His duty was to take reasonable care for other traffic on .the road, and he, failed in that’duty.” So Mr. ! R. W; ; Tate, S.M., summed up defendant’s side' of the ease in his reserved, judgment of the civil action in which Janies G. Williamson, a.'motor service proprietor of New Plymouth, sued Arthur J. Scott, a carting contractor of Inglewood, for £153 19s .as damages to plaintiff’s motor bus. . ’

Continuing the judgment, which was read at the' Stratford Court yesterday, said that plaintiff’s driver also had the same duty cast upon him. As the lorry occupied eight feet of the road he had eight feet on which to manoeuvre’ his six feet wide bus, but he passed the lorry so closly as to enable a LJin; projection oii the lorry to tear the side of the bus. “I think he should have stopped and that in passing the moving lorry, though I find he passed' slbyvly,' he was guilty of negligence which contributed to the collision,” Mr. Tate said, Plaiiitiff would be noii-suited.

Covering the details of the’ case.. Mr. Tate said the. collision occurred on a bend in the Oliura Road near Pohokura. The bend was . of'five chains/radius. The road consisted of 16 feet of clay surface which had been prepared for metalling by countersinking a strip 12 feet wide and six inches deep. > Plaintiff’s motor bus was proceeding from Whangamomona towards Stratford with eleven passengers; The lorry was approaching in the other direction and the two vehicles came abreast on the bend. White passing, a nieta.l bolt projecting one and a-half inches just behind' the cab of the lorry caught the body of the bus at the centre standard and from there rearward tore the side of the body out. ’ If each driver’s story were corre-t, said Mr, Tate, the bus on the outside edge as far as it could get, and the lorry on the inside edge as far as it could get there would have been no collision—they .would have passed with three feet to spare. At the hearing Mr; L. M. Moss appeared for plaintiff and Mr. A. A. Bennett for defendant. The questions of costs, witness’ expenses, etc., were referred to the New Plymouth Court.

SUNDAY SCHOOL ANNIVERSARY. . There were good congregations at the Stratford Methodist Church on ' Sunday when the anniversary services of the Sunday school were held. The Rev. J. Boothroyd, Christchurch, who is supplying for the Rev. H. L. Blamires, preached. 0 morning, afternoon and evening, and special'hymns were sung by the children under the leadership of Mr. F. T. Hale, accompanied by Miss Masters (organ), Miss Weston (piano), and an orchestra. .The singing was sweet and tuneful, and the music and words were above the average of anniversary hymns; and the subjects preached from were appropriate and. interesting, more especially the evening sermon on “A City Without Boys and Girls." A book each was . presented to the scholars in the kindergarten and primary departments at the afternoon service, and two items given by them were much enjoyed. There should be a large gathering at the annual tea and concert this evening, when a good and varied programme will be given in the church hall. All the children of the Sunday school will be admitted free.

GENERAL ITEMS. The junior and. senior entrance examinations for shorthand typists are this year being held in the manual school buildings, Cloton Road, Stratford, next Saturday. • Mr. J. H. Fletcher (postmaster), as representative of the Public Service Commissioner;- will act as supervisor.

“Kid” Smith states that his boxing match with Hurne is off, Hurne not having accepted the offered terms. However, negotiations are proceeding with a southern association for a match. Smith is . willing to fight Griffiths, Hatton or Taylor, the purse being no object. When Smith met Donovan at Stratford he had to take off 7Mb. in three weeks to make the weight. He went ten rounds, and his defeat by the top-notcher was no disgrace. PERSONAL.

Mr. W. Eagar has recovered from his indisposition. Mr. A. H. Bowen, Stratford, left yesterday for Christchurch, whore he will judge the Southdown ram section at the Canterbury Metropolitan Show.