BOTH PARTIES NON-SUITED

Taranaki Daily News, 26 September 1930, Page 9

BOTH PARTIES NON-SUITED

ACTION OVER MOTOR COLLISION. CLAIM AND COUNTER-CLAIM. As a sequel to a motor collision at the comer of Dawson and Devon Stieet on JiHy 15 Z T. V. Simons in New Plymouth yesterday sued Samuel Vickers for £24 18s 7d for damages to his car. There was a counter-claim for £25 15s 3d. , T Opening the case for Sifiiouß, .Mr. J. H. Sheat said Simons was driving a practically new sedan car from the post office in a westerly direction at 14 6r 15 miles an hour. Approaching the intersection of Devon Street with Dawson Street ho looked to the right and saw no traffic. Then his companion, T. C. H. Nicholls, told him to look out. He looked towards the left to see Vickers ear coming down Dawson Street. Simons swerved to the right to avoid Vickers, but practically at that moment Vickers collided with him. Vickers, for whom. Mr. R. H. Quilliam appeared, said he had been coming away from a Hospital Board nicttin” and was accompanied by R- JDear© and A. J. Brennan. He was driving slowly down Dawson Street, especially slowly, after leaving Powderham Street owing to having had to use his brakes to avoid a car. He de-clutched and travelled on his brake and kept on the left-hand side of the ’bitumen surface. On reaching, the intersection he looked to the right and left but found the crossing was clear. He accelerated to cross and cleared some car© on the side of the road. Then he saw Simons’ ear approaching, near Bruce and Fenkins’ workshop. Ho still deemed there was ample time for him to cross, but on reaching th© centre of the street he realised that either the. other driver had not seen him or was making no effort to avoid a collision. Simons’ car was travelling about the middle of the street. . At the conclusion of the hearing Mr. R. W- Tate, S-M., expressed the opinion that both parties were at fault. Vickers was negligent in not observing the right-hand rule, while Simons had failed to fulfil the obligation on him to look out for and avoid danger. He did not think either side was entitled to recover and would non-suit both of them with no costs.