MOTOR-CARS IN COLLISION

Taranaki Daily News, 20 December 1930, Page 7

MOTOR-CARS IN COLLISION

DAMAGES CL AIM-COMMENCED ■SEQUEL TO MANAIA SMASH. I As the result of a collision at the intersection of Main South and Normanby' Roads, a few miles north of Manaia, on July 24, 1027, an action for damages Was commenced in the Manaia Court yesterday before Mr. R. W. Tate, S.M. James John Patterson, the driver of one car, proceeded against the driver of the other, Catherine Sutton, and her husband, Hurry Sutton. At the conclusion of plaintiff’s case the hearing was adjourned. , Plaintiff claimed £239 14s 6(1 as follows:—Damage to car, £9O; loss of work, £9O; doctors expenses,' £7 I7s ;-6d; masseuse, £7 17s; hospital, £4; general damages, £3O. Mr. O’Dea appeared for plaintiff and Mr. J. Houston for defendants. The reason for the delay in bringing the action was Sutton’s 'former financial position, said Patterson in evidence. On the day of' the Accident he had been accompanied by his wife, now dead. He had been going along the. road towards Otakeho at about 20 miles per hour. On his left-hand side there was a- cross road, the South Normahby Road, down which Suttoir lived. There was a high hedge on the corner and traffic could not be seen. He hid been somewhere near, the centre of the intersection when he had seen the other car. He had pulled to the right to avoid a head-on collision but had not quite escaped the impact, which had broken both back wheels and capsized his car. His col-lar-bone had been broken and he had not been able to attend to the management of his 30 farms in Taranaki for six or eight months. When Constable Scannell had arrived at the scene he had remarked, “Lady drivers again.” Wilson, who was driving with .Mrs. Sutton, had said their speed was five miles- an hour and whdn plaintiff had laughed had amended it to eight. He thought they were travelling equally as fast as he was. He had taken measurements. Had Mrs. Sutton kept as near, to her left hand side as possible the collision could not have occurred where it had. He believed Mrs. Sutton was drivihg and, Wilson was instructing'her. In cross-examination plaintiff said he had had accidents before this collision. About five years ago his car had capsized on the Glenn Road. It was the satao car' and a tyre had blown out. He could ’ not remember being, asked why he had not pulled his car off a little. He had spoken to Mrs. Sutton, and later to Sutton. He had said to Sutton that they ehoiild pay for each other’s car. His speed was not more than 20 miles an hour. There was no speedometer on his car but he knew from- his average speed that it whs so. By agreement with Mr. O’Dea Mr. [Houston called a witness for the defence, James Alexander Wilson, Wellington. .• At the time of the collieion he was oiit with Mrs. Sutton, who was to be tested the next day for her license. There had been three children in the back eeat. Mrs. Sutton had been driving at from 20 to 25 miles an hour and had then slackened off for the corner, travelling at about five to seven miles an hour. She had been going to take a wide sweep round ' and had sounded the horn twice. Patterson had been travelling on the,correct side of the road when witness had first seen him. Witness had applied the hand or emergency brake and Mrs. Sutton. the foot brake, the car pulling up in a few feet. The front wheels had just reached the bitumen when the engine had stalled. The sudden application of the handbrake in top gear would stall the engine. Patterson' had all the road and had been travelling at about 35 miles an hour. When Mrs. Sutton’s car had stopped Patterson’s car, striking theirs and screwing it round, had cannoned off and capsized on the opposite side of the road, alongside the fence. It had been the back half of the left-hand side of Patterson’s car that had struck Mrs. Sutton’s a glancing blow. -Patterson’s car had turned, completely over on its right-hand side. It had turned over on to the left side first. Patterson had suggested each paying for his own repairs. Witness had on several occasions driven witji Patterson. To his ■way of thinking Patterson was a pretty fast driver. After work the haymaking gang had preferred to drive with Mr. Fendall rather than with Patterson. '

Stephen Joseph Bennett, Herbert Richard Kemp, Charles Schicker, Hector Bennett, Paul Eepiner and Harold Fendall gavd evidence for the plaintiff. Mr.. O’Dea then, closed hie case and Mr. Houston intimated that . when the hearing was resumed he might move for a non-suit.. t - An adjournment was made till January 30.