MOTOR-CAR COLLISION.

Star (Christchurch), Issue 11756, 21 July 1916, Page 6

MOTOR-CAR COLLISION.

CASE HEARD AT MAGISTRATE'S COURT. ; At the Magistrate's Court this morning, before Mr T. A. B. Bailey, S.M-, Peal Gonn, mechanical engineer, of Scarle's Road, Papanui proceeded against Herbert E. Dix, garago proprietor, Ilangiora, to recover £lO lis, amount of damage caused to plaintiff's motor-car in a collisoin with a motor-car driven by defendant's agent, Edward James Pringle, which occurred on tho Papanui Road on April 16 last. Plainlit!' also claimed £75 lis for depreciation and general damages. Defendant counter-claimed to tho extent of £69 15s for damages dono to his car, and depreciation as tho result of alleged negligent driving by plaintiff. Mr C. S. Thomas appeared for plaintiff and Mr F. AY. Johnston for defendant.

Peal Genu, plaintiff, stated thatjio had driven motor-cars since they had ceme to the country. Ho detailed the 'circumstances leading up to the accident. He was in Norman's Road, and approaching the Papanui P»oad kept his motor signal going. He heard no warning from the Papanui Road- His attention was concerned principally with meeting a tram. Being Sunday, ho knew there t would not be much traffic, but he 'thought a tram was about due at Norman's Road. When he gob on to the Papanui Road ho saw in a quick glance defendant's car coming straight towards him from the city side, at a "howling pace." Witness turned into Papanui Road at about six miles an hour. When ho saw defendant iie put on more power and endeavoured to steer clear of an accident. .He turned towards town, and on seeing defendant he took a bigger sweep over the road, and took the risk of hitting the kerbing on tho eastern side of the road, in an endeavour to avoid an accident- Immediately afterwards defendant's car dashect into his. When

they got clear Pringle said to him: "Man, what were you doing there?" He replied, "What were you?" Witness detailed the position of the carp and gave measurements and other information., which wa3 published at the timo of the inquest concerning the death of Mr Tracey, who lost his life h\ the collision. Witness contended •bat had Pringle had proper control f.f his machine he could have avoided the-accident, which was due entirely to pace on Prinsle's part. ;' Plaintiff gave evidence concerning the d'.image done to his machine. He used his car largely for business purposes. To Mr Johnston: He did not stand to make anything on the repairs. All he wanted was to have his car repaired properly. He was running down Norman's Road on his second gear becaase lie did not want to take any risks. He Enjoyed running on his slower gear to see the country. He was net a young anau, and his days of " taking chances'' were over. Ho preferred to be careful, lie was not looking for accidents or narrow shaves. The first thing he saw when he could use his eyes on the Papajrui Road was defendant's car rushing towards him. To Mr Bailey: He did not think be

should ■ have looked towards the right, . that is, towards the city, because Le <■ heard no alarm when in Norman's Road, and he also had his thoughts on a tram duo from Papanui. He looked " f-traight ahead for a moment and Then caught sight of defendant's car. Jano Geim. wife of the. plaintiff, stated that she travelled in the car almostP'/OIT

. :lny with her husband." who was :\ careful driver. She tvas in tbo car (■» the occasion of the accident. When •she saw defendant's car it was " bounding " along. She thought at first that the car -would have cleared them, but it suddenly seemed to turn towards the road centre and crashed riuht into their car. "Witness gavo details as to various phases of tho acanswer to a question that "a fellow could not always have his presence or uiiud about him-" C. W Reid, of Christcimreb, gave evidence that he remembered the day nf tho accident. Ke was on the Pupanui Iload, near Innes Road. He saw defendant's car going by at. a very last pace., probablv thirty-fivci miles an hour. Ho considered the pace altogether too rapid for the safety of the road. He watched the car. It >cemed to swerva towards tbo centre of the read further on. Ho heard the crash of the accident, but did not :>"tunlly observe it, because the electric tramway poles were in tho line of .usion. Witness had driven a car nmself for seven years. To Mr Johnston:__ The Papanui Road was clear' except for the car. He •;onld bo surprised that the car re-Y-rred to could not travel thirty-five niies «in hour. It was certainly n extreme speed, but was on its right -ide of the road—that is, the left-hand i ide. •

.Marjory Genii, daughter of plaintiff, who was in the car with her j>f.rents, gave evidence concerning incidents of the accidents. Her father rounded the car -whistle approaching '. he Papanui Road, but she did not hoar any signal in reply. Hugh C-, Murray, of Christchurch, who -was on the Papanui Road at tho time,of the accident, saw the car lie. knew as defendant's going along the road, at a very fast speed, so much so that jt seemed to be bobbing. David Ferguson Keir gave evidence as to seeing defendant's car going along tho Papanui Road at a high i.,ecd. lie also saw plaintiff's ear emerging from Norman's Road. It whs travelling sloiwly. Ho saw! Pringle's car swerve into the centre of the road as though the driver intended to turn into May's Roacl. There were skidding marks from defendant's car wheeds. The last lew yards of Pringle's rim before the crash wcro in the form of an arc. heading straight for the gutter on tho opposite side of the road. It was his opinion that if Pringlo had goue straight on when ho sighted plaintiff's car ho would havo hit it at tho back part. From what he could se<» Pringle's car struck Genn's. It was not a head-on collision. The mouth of Norman'* v- " was ojkhi for Pringle to turn into. ";; .ur

quarter of a mile away, but the road was clear and the weather fine and he could sea well. He saw the movements of both cars and witnessed the impact.

Violet Abbott, of Cbrisitclrcrah, stated that shs was walking towards Papanui on the day of the occurrence end was near "Weston's Road when defendant's car flashed by. shb would say the car was travelling about thirty-tiiree miles per hour. She haw < Germ's car cmergo from Norinans Boad. It was going alowlj. Sho heard Genn's whistle, hut nothing m the* way of a signal from Prmgle. She thought Pringle "went mad." crossed the r° nd vainmea ucun s