HEAVY TRUCKS COLLIDE

Taranaki Daily News, 19 December 1933, Page 6

HEAVY TRUCKS COLLIDE

COMMERER’S CLAIM FAILS.

MAGISTRATE DECISION.

Holding that E. Commerer the plaintiff, in not looking to the right after nturning there would be no traffic from that side, had shown negligence, the magistrate, Mr. W. H. Woodward at the Stratford Court yesterday gave reserved judgment for the Stratford Carrying Co., the defendant, in Commerer’s claim for £6B 18s 10s damages as the result of a collision between two trucks at the intersection of Broadway and Fenton Street in October. Security for appeal was fixed at £7 7s. Costs were £4 8s 6d. Commerer’s lorry, laden with logs, was travelling south along Broadway when it collided with a cream lorry driven by T. Lawson junr. from Broadway south into Fenton Street east. A quantity of cream was spilt and the logging truck was extensively damaged. The cream lorry was not damaged. At the hearing of the case Mr. A. Chrystal appeared for Commerer and Mr. A. K. North for the company. _ Mr. Woodward in his judgment said defendant’s lorry was but slightly damaged and there was no counter-claim. Commerer had said he did not see the lorry turning across his course till it had straightened on its line in Fenton Street. His reason had been stated as being that, seeing a procession of cars proceeding along Broadway, he was satisfied no other vehicle could come across his track, and therefore he concentrated his attention on the left hand side.

Contrary to Commerer’s expectation the last of the vehicles proceeding along Broadway did turn across his path. Commerer was not justified in assuming that there would be no vehicles in the way—it was his particular duty to look to the right. In not doing so he was certainly negligent All it was necessary for the magistrate to do was to decide whether Commerer’s negligence was the cause of the accident. The evidence of Wilmshurst, who was an unwilling and disinterested witness though an interested spectator, was very enlightening, Mr. Woodward said. Wilmshurst said he saw defendant’s lorry only when it had straightened into Fenton Street. At that time he had not had the impression that there would be an accident. That impression, the magistrate said, was worth a lot of theorising. Wilmshurst said he wondered why Commerer did not incline to the right. It appeared that if Commerer had been going to the right instead of to the left he could haye avoided the accident. Mr. Woodward was confirmed in the opinion that Wilmshursfs impression was right by the evidence of Lawson, the driver of the company’s lorry, that Commerer was following him into Fenton Street instead of going behind him. The evidence showed that Commerer was not looking where he was going, and the magistrate thought that had he done so he could have stopped or turned in time. Therefore he did not think Commerer could recover damages. It did not seem a case for a non-suit but for judgment for defendant. He had not taken into account in his judgment, Mr. Woodward said, any suggestion of insufficiency of Commerer’s brakes. For that reason he would not allow expenses for the witness Curtis, whose evidence had merely shown that Commerer did not apply his brakes till a certain point. At Mr. ChrystaFs request security for appeal was fixed, Mr. Woodward agreeing to place his judgment in writing and to delay entry of judgment accordingly. IMPRISONMENT FOR THEFT. ARTICLES PAWNED AT STRATFORD. Having stolen a boot last and a scythe blade from his employer (W. Vickers, Midhirst) and pawned them at Stratford, Richard John Stevens, a farm labourer, was before Mr. W. H. Woodward, S.M., at the Stratford Police Court yesterday. He pleaded guilty and was sentenced to imprisonment for 14 days. Stevens, it was stated, pawned the articles to obtain money to take himself and a girl to the Stratford spring show. Each article was valued at ss.

Sergeant T. Kelly said Stevens was of peculiar mentality and was convicted of theft in 1924. After he had sold the articles at the second-hand shop the shopowner’s suspicions were aroused and inquiries were made. To Mr. Woodward, Stevens said he would endeavour to see it did not happen again. Mr. Vickers had been very good to him. He was married on December 6, Stevens added, but he was on relief work and had his wife and a child to keep.

The magistrate pointed out that Stevens had been in trouble'before and would have to serve a term of imprisonment. He was convicted and discharged on the charge of stealing the scythe blade and sentenced to 14 days’ imprisonment on the other charge.