COLLISION CASE.

Thames Star, Volume LXIV, Issue 17923, 26 June 1930, Page 5

COLLISION CASE.

CLAIM FOR DAMAGES. Hearn v., Taylor. ,, CAR JUMPS DRAIN. ■ . ■ ' :. \ ; ■' ■ - '.': ——- BENCH RESERVES DECISION. ■ ' ■ ' \ ..,/ The aftermath of a motor collision•■'': was heard in the Thames Court yesterday lxsfore Mr. F W Platts,s.m. ;/ .. ;,.;. •.,-;•,; : ::-■ (v : Herbert William Hearn clauned-S damages, £42, from E. Taylor.' ■■■' J Sf| Plaintiff, for whom Mr.,'C. J. Gar-, i huid appeared, detailed what 'had "4 happened, stating that his suit of "| clothes iad been ruined and \ damages;-a 1 ,amounting to £62/10 s had - beendone./ \ '■■ Mr. E. J. Clendon, for ! ;Ta'yl<wrss. questioned plaintiff a s to his. ability sM to drive,, and .also his experience in 'A& driving.- ~ '.',., « :..,•":'■;':''■•* :>. Plaintiff stated that he.had lost M a good job owing to the accident. :/;■ He detailed*his actions prior to the collision and stated that the other. | car was travelling towards him. too fast to . stop.' ..! .■-.,::; Taylor had said, that both parties || .were to blame, but plaintiff .had: that he was not ; to Wif«3§ss i J stated ihiit his sreedf t ;w||.sr b'etw<ffen. '.';.■<. 10 and 1$ ~..miles peV ;hb'urs/and valor's speed was about- 25 "miles ' peir,;'.'•*',/ hour. Witness , did, not, ,siiop his chrV f as he saw no chance of avoiding the,.,«*i impact. Witness stated that he was. keeping a proper lookout. Th,e accident ■ happened at the Kerepeehi'turnToff. ' ~V? ' To Mr. Garland: Witness said- that / | he had not been on the", road before //< and was pulling up, to/inspect a- sign post. He /was slowing .down at an intersections.,. ■■'/, -' ,'••,/ \;.,.',. ;V V V-;v^*^a Ivy Taylor, a passenger, in Hearn's car, said that she saw:/.nothing. ,of> '. Taylor's car, since she had an- um-J,| brella up and . knew /nothing .until she .found the car in the ditch;' about a mile, before the accident the / car was going slow:. Shei heard, only; / Hearn's horn sounded. /. v ' : •To Mr. Clendon: Witness had made ; , ; a statement to the poUce' in .connect ; tion with Hearn sounding his horn. The car was travelling very slowly. To; Mr. Garland: She had/ (appeared "T a-s, a .witness in a police case against/ ' v Taylor for/ a. breach . of.' the offside rule. . - "■. ' '■■'■: ■""■'. '■'■;■'■ '■ J . /;••■

Lyall fleam, another passenger, /; deposed that as far as he could re-; // member the car was going' very slow. f. Witness was ..sure 1 that;his brother, y;; ble*. the horn and: heard no other , horn. ■•" .-.,. ~ -■" .'.■■■'.. . ■--■ ','.. To Mr. Olendoii: Winess had told ythe police that his brother, had sounded the horn. '. - /• The Bench, then sent for his notes,fv| in connection with the police case •, against Taylor. » This concluded- plaintiff's case. Edward Taylor, the defendant^gave- ' evidence as to the : cause _of the ac- '/-. ; cident, and his actions prior to it. ; , Witness applied both hand and:, foot brakes/locking the wheels,. The//-;,.; car travelled 30 feet and was hofc|/; stationai*y when the other . oar; ./- came across. Witness said that*;/ fleam's car travelled 85 feet whilst , his car travelled 30. feet. Hearnfs//car went On and jumped the drain, and fell back into it. The drain was,, about 20 feet wide. In w l * ll6B !*' opinion Hearn. Was "going over ; 4 ?V/ miles per hour. ' -Witness l detoiled/:/ i various tests he :had made with his car and other cars as to; the time it would take'! a car to travel 30 feet , , with the, brakes on. .In his tests, . Heam's car would have been travel-/) i ling at slightlv over 41 miles; per ;V hour. Hadi Hearn been keeping proper look-out he could have avoided :. the accident by .stopping or turmng/; v i to the right. ..It. was a dangerous.;: comer. ' , ~ 1 to Mr." Garland: Witness' first ; thought was how to get out,of the \ mess, not bow fast Heam was going. . Witness' estimated the time from /; / when he saw Hearn to the accident,. verv slight. . ' .- .To Mr. Clendon: Hearn's car. was not in control prior to the accident,which was; due. te Heam's excessive;,/. To Mr. Garland: Hearn could have ;'; ; stopped his car 'prior' to the impact//: if he. were travelling at the speed he • said he was travelling. v / ,' Mr. Garland: Then he could havestopped his car and you couldn't? Margaret Taylor.' daughter of ,de- v , fendant,, a passenger in Taylor's^oarji m said that Hearn's cari was traveUing ;l at a very excessive" speed. As she noticed "it her flather applied the brakes which ma,de a great noise. To Mr. Garland: Witness.. was , ; watching Hearn's car to see if the v wheels locked. When. she first saw the car the soeed was excessive. , George Bambrook, Public Works • Department engineer, testified to the | fact that brakes were : .in - order He had also carried out, the speed* tests on Taylor's, car. Taylor's;g| brakes screeched very badly To Mr. Garland: Witness had not measured Taylor's skid marks, ■ but g estimated it at 30 feet. ;He M •'; measured the distance of 30; feet for the tests. It would take a second * ; between a man thinking of a and doing it. ; The Bench reserved decision. : ;