CLAIM BY CYCLIST

Taranaki Daily News, 15 April 1935, Page 12

CLAIM BY CYCLIST

PURANGI SADDLE COLLISION.

BUS ALLEGEDLY ON WRONG SIDE.

Special damages amounting to £39 8s 7d and general damages amounting to £5 were the subject of a claim before Mr. W. H. Woodward, S.M., in the Inglewood Magistrate's Court on Friday by Henry Phillip Askew, factory hand, Tarata, against Joseph Fletcher, bus driver, as the result of a collision on the Purangi Saddle on December 1. The case was adjourned until the next court sitting aftei Askew’s case was completed. Mr. C. Deem appeared for Askew and Mr. F. S. Grayling for Fletcher. The action arose out of a collision on the Purangi Saddle about 20 miles from Inglewood, said Mr. Deem. Askew was riding from Purangi to Tarata down the saddle and Fletcher was coming up. Half way down the hill a collision occurred on a corner. Askew, travelling in second gear, braked from 10 miles an hour to seven miles an hour as he approached the bend. He was on his right side when be first saw the bus a length away. He was two feet from the bank and alleged Fletcher was on the incorrect side of the road.

Askew struck the cab of the bus with his handle-bars. The motor-cycle went on and came to rest against the bank. The rear right wheel of the bus passed ovex- the front wheel of the motor-cycle. Askew alleged the accident was due to the fact that Fletchex- was on the wrong side of the road. Fletcher- aftei- the accident admitted he was on his wrong side. Evidence would be given to this effect by Askew and other witnesses. It was contended that Fletcher was negligent in not giving Askew half of the road. Askew gave evidence on the lines indicated. To Mr. Grayling Askew said he had not paid for the machine, which he was buying under a hire-purchase agreement. It was a fast, powerful machine. He had been riding for five years and had owned two other motor-cycles during that time. He had travelled about seven miles while Fletcher travelled four miles. He was travelling in second gear and was not making a noise. Fletcher was also in second gear and Askew did not hear his bus. There was loost shingle on the inside of the road and a ridge of gravel on the outside. He was in a position where he. could not stop.

To the magistrate Askew said he had not seen the bus before turning the corner. Had he attempted to ran into the bank in an endeavour to miss hitting the bus his motor-cycle would have overturned towards the oncoming bus.

William Fuller Smee, Tarata factory manager, said Fletcher had told him he had come up the hill farther in top gear than was his custom. He was changing into second gear and had lost speed. Had he been longex- in second gear he would have had sufficient speed to have got the bus out of the way and allowed Askew to pass. Fletcher had said the boy was not to blame and appeared rather pleased that Askew not received any other injui-y but a bruised shoulder. Cyril Shannon Drake, lorry driver between Matau and Tarata, said last season he had passed the same bus at the corner where the accident occurred, There was about a foot between the two vehicles.

William John Mackay, farmer, Tarata, said he had carted cream over the road daily for three years until two years ago. He had passed a car and a truck on the same coxmer. He had been travelling up the hill on both occasions. He admitted it was a bad corner but he thought there was sufficient room for vehicles to pass. Arthur J. Webb, farmer, Purangi, said he had driven ovex’ the road a great deal He always changed into second gear as he approached the corner and he kept well out «s the sux-face was firm.