A MOTOR SMASH.

Star (Christchurch), Issue 10684, 3 February 1913, Page 3

A MOTOR SMASH.

TAXI-CAB AND TRAP COLLIDE,

A CLAIM FOR DAMAGES

The sequel to a recent motor smash was heard at the Magistrate's Court this morning before Mr T. A. B. BaiS.M., when Smith's Taxi-cabs, Ltd., claimed from John Brightling,. cartage contractor, £2O 3s 6d damages,, alleged to have been sustained by reason of defendant having, on October 5, 1912, negligently driven an nnlighted spring trap on the Carlton Mill Road, whereby a- motor-car belonging to the plaintiff collided with the trap and was damaged. Frederick Butterfield, the driver of the taxi-cab, claimed £ll for personal injuries received. The defendant counter-claimed £lO, being £5 for personal injuries and £o for damage to the trap. Mr Wilding appeared for the plaintiff and Mr MrConuell for the defendant in the action. Mr Wilding said that on the evening in question the driver of the taxicab, Butterfield, was driving a young lady at about twelve miles' an hour. There were side-lights* on the cab, but no headlight Headlights were by manv considered a disadvantage, as thev distorted objects they illuminated. Seeing a dark:objeot ahead Butterfield attempted to Rvoid it, but collided. In the preliminary setting out of the case it had been stated that tho road on which the accident occurred was under the jurisdiction of the Christchurch City Council. It had since been found that it was under the Waimairi County Council, but the by-laws affecting the road we're the same as those of the city. In the case of a collision between a fully and a partially-lighted vehicle, it was patent that tho onus of proving-that the collision was not caused by his negligence lay on the driver of the par-tially-lighted vehicle. . The trap had been in a very awkward position, being a little to the left of the middle of the road.

Isabel Scott said that on the day of the accident 'she took a taxi-cab from the Railway Station and drove to Fendalton. She was in no hurry, and the car went at a moderate pace,' fully lighted. She saw nothing ahead, but heard the impact of the wheels as the vehicles. collided, and felt a thud as the taxi-cab fell on its side. She was uninjured. On emerging she saw Mr Brightling, who said that the taxi-cab had been going at an excessive speed and had carried no lights. Witness had denied this. She was not sure exactly what had happened. The taxi-cab was a wee bit near the middle and a wee bit near the left of. the road. Frederick Butterfield said that he had been in his position for over three years, and this was the first accident he had been in. On- the night of the. accident it was just getting dark" and he was on the proper side of the road. On getting in between the two parks, where the trees cut off the ligntj it was dark. H'e saw a dark object ahead, but was not able to totally avoid it in time. The trap was on the right side, as far as witness could see. Witness was under the car for ten minutes. Ho was badly injured, his arm being hurt and his muscles strained, so that he lost three weeks' work and had to pay medical expenses. He had received half-pay, but although ho asked Brightling for some compensation he got none. Witness's headlights showed for five or six yards, but he had no opportunity of avoiding the trap. Had he used the brakes he might have stopped in four yards. The trap was unlighted. (Left sitting.)