BOTH PARTIES TO BLAME.

Star (Christchurch), Issue 16537, 22 September 1921, Page 6

BOTH PARTIES TO BLAME.

honours easy in motor COLLISION. ” Where two drivers of two separate motor-cars are approaching an intersection from different directions and their respective courses joined together make a right angle and where the speed of each is so high that a collision is inevitable, such collission is the joint ; result of the negligence of each and neither is entitled to recover damages. ’’ These remarks were made by Mr S. E. M’Cartby, S.M., when delivering reserved judgment at tho Magistrate’s Court this morning in the case in which Alexander Calderwood Fleming sued George Dickinson for £74 11s 9d damages arising out of a motor collision at the intersection of Durham and Cashel Streets on July 15, 1921. Dickinson counter-claimed for £69 damages. After reviewing the evidence at length the Magistrate said that it was clear defendant crossed the intersection at a high rat© of speed on the supposition that plaintiff would give him the right cf way. Tiler© was no such rule as that claimed by defendant of a right of way for the first person reaching an intersection. If there were, accidents would be still more numerous than unfortunately they now were. Tho correct rule for those who had reached an intersection whether first or last was to tak© every possible care to avoid accidents. With regard to plaintiff’s snoed the Magistrate said that if plaintiff had approached the intersection at a moderate speed and had kept a vigilant look-out—a precaution he did not take —he would have seen defendant in ample time to have avoided an accident. On th© other hand had defendant not been travelling at a high rate of speed he could have {(voided the resuit of plaintiff’s negligence. The accident was the joint result of the negligence of both parties who were equally to blame.

Judgment was given For the defendant on the claim and for the plaintiff on the counter claim No costs were nllowed to either party.