COLLISION AT INTERSECTION

Taranaki Daily News, 6 May 1930, Page 4

COLLISION AT INTERSECTION

CROSS CLAIMS LOR DAMAGES.

COUBT RESERVES .ITS DECISION.

After, further evidence had been heard judgment was reserved, by Mr. R. W. Tate, S.M., at New I’lymouth yesterday on the cross claims arising out of the motor collision at the corner of Morley and St. Aubyn Streets’ on the morning of December 15. Ruth W’. Moody and A. Moody claimed £35 12s 6d damages from Mary A. L. Fookes, owner of the other car, who counterclaimed for £5B.

The car driven by Thomas Clifford Fookes was proceeding along St. Aubyn Street in a westerly direetioi'i, while Ruth Moody was driving a three-seater car, fully loaded, along Morley Street in a northerly direction. The occurred at the corner.

Giving evidence for the ■ defence Thomas Clifford Fookes said 'he was driving his mother’s car. He : was going towards the breakwater ‘about 11 o’clock. Approaching Uno intersection of Morley Street and St.’ Aubyn Street he saw Miss Moody’s car about. 30 feet away. Ho' sounded his horn and tuhied towards the right to give her more' room. Then he saw her coming ‘straight at him and he braked. As a result of tlie impact his car was turned over. He decreased his speed when he first saw the other car. His spetd was between 25 and 30 miles an hour.

Ho denied that- he had told Gay ton he was going faster than 25 or 30 miles an hour. Miss Moody had told him she thought she could get round the front of him in turning towards town. He believed that the cause of. the accident was Miss Moody’s failure to give way to him. There was no other traffic about at the time. The tram service was restricted on Sundays.

The Magistrate: Is this being led to show that Fookes was justified in driving faster than the regulations permit? Mr. Brokenshire maintained the speed of traffic was governed by the circumstances.

Cross examining, Mr. Bennett proceeded to read from notes of evidence given by Fookes. He had said according to counsel’s notes, that his average speed along St. Aubyn Street was 30 miles an hour. . Mr. Brokcnshire: No, sir.

Mr. Bennett: Will you keep quiet, Mr. Brokenshire. 'To the magistrate: I must ask you, sir, to tell Air.-Broken-shire not to interrupt.

The magistrate pointed out that Mr. Bennett was only , redding from his own notes of evidence. ■Fookes .said he would still maintain that all he said in the Police Court was correct.

Borough Inspector Blyde said that from the marks on the road it seemed that Miss Moody had started to make her turn on the intersection too soon.

Charles Anderson, who heard the crash and immediately went to the scene of the accident, said the wheelmarks from Morley Street to St. Aubyn Street showed the car had been braked. After that there were the marks of a side-skid leading to the rear end of Miss Moody’s car.

To 'Mr. Bennett. He''could only reconstruct the accident from'the'position of the cars.- The. only marks.’he was of . were those ' leading to Miss Moody’s car. To 'the magistrate:' He had not:discussed the marks with anyone connected with the accident. Air. Bennett said that in view of the new suggestion that Miss Moody cut the corner he would recall Frederick W. Gayton, who was in the dicky seat of Alias Afoody’s ear. Gayton said Miss Moody went up the hill very slowly. He did not think she ■cut the corner. If she did it was only by about six inches. If Fookes had been driving at an ordinary rate when he was first seen from Alias Moody’s ear she would have been able to make the turn before he arrived at .the intersection. To Mr. Brokenshire: Fookes must have been day-dreaming. Otherwise, even at the speed ho was going, he would have had time to avoid the collision when Aliss Moody’s car first came into view. There was room to. pass behind Aliss Moody’s car. Thomas G. Thomson, insurance ■ adjuster, gave evidence that it would not be possible for Aliss Moody’s car, fully loaded, to go up the Morley Street hill other than at a. slow speed. The oar would have to go .into second gear.