FARM WORKER SUES HORORATA FARMER.

Star (Christchurch), Issue 18010, 22 November 1926, Page 5

FARM WORKER SUES HORORATA FARMER.

ACCIDENT ON ROAD DESCRIBED IN COURT. A claim for damages, arising out of a motor collision on a country road, came before the Supreme Court today, for the second time. Harold Arthur Thorne, Hororata, farm labourer, sued Jack Olliver, Hororata, farmer, for £462 11s 6d special damages and £SOO general damages on account of a collision at the corner of Morgan’s Road and Cordy’s Road, near Hororata, on March 21, 1925. Thorne was. riding a motor-cycle, and Olliver was driving a motor-car. Thorne alleged that Olliver drove negligently, causing Thome to suffer a compound fracture of the right leg and other injuries. The special damages claimed were: Damages to motor-cycle, £6O: medical expenses, £2 2s; hospital expenses, £125 2s: outpatient’s fees, £4 7s 6d; loss of wages, £2 a week and found, equal to £3 a week, for ninetyone weeks, £273. Olliver alleged that he was travelling on the side of Morgan’s Road, followed by all traffic going in the direction of Cordy’s Road, and that he sounded his horn and kept a proper look-out when he observed Thorne, and turned to the wrong side to avoid a collision and applied his brakes. Olliver counter-claimed for £lO2 10s 9d, damage to his car. Pie alleged that Thome was driving at an excessive speed, and failed to keep a proper look-out, and that, if there was negligence on his part, Thome could have avoided the accident by the exercise of ordinary care.

The case was heard before Mr Justice Stringer and a jury of twelve. At the first trial the jury disagreed, and a second trial was ordered.

Mr Johnson, with him Mr White, appeared for Thome, and Mr Sargent, with him Mr Connal, for Olliver. Dr PI. L. Widdowson said that Thorne had a permanent shortening of the leg of half an inch. His knee and ankle probably would always be stiff at the joints. His earning power would be reduced by at least 10 per cent. Thorne said that just before the accident he reduced his speed to twentyfive miles an hour. He pulled over further to his proper side and shut off his petrol. The car was not on its proper side at first, but it seemed to be going to pull oyer to that side. If it had done so, witness would have had ample room to pass. The vehicles met head-on. Witness was thrown off. To Mr Connal: He did not have a certificate to drive. His machine was well under control. In reply to a further question by Mr Connal, Thorne said that he did not sound his horn at the corner. Herbert Henry Thorne, farmer, plaintiff's father, said that Olliver said that he did not see plaintiff coming around the corner, as he was straightening up his child on the seat of the car. Olliver also said that it was his fault for coming out on the wrong side. To Mr Connal: Olliver did all lie could for the boy. He was upset at the time. Constable M. H. Gibson, Coalgate, said that Olliver said: “I am to blame.” Evangeline M. L. Thorne, plaintiff's mother, said that Ollivier said to her that he was very sorry about the accident, and blamed himself because he was not keeping a look-out on the road. (Proceeding.)

TRAILER JUMPS FROM TRAMLINE.

CARVES ROADWAY FOR 400YDS BEFORE RETURN. Jumping the tramway points at the Colombo Street railway crossing yesterday, the trailer of an Opawa tram was dragged for some yards before the derailment was noticed. The trailer, sometimes swerving as much as a couple of yards from the lines, was taken along to the loop at the corner of Colombo and Wordsworth Streets, a distance of about four hundred yards, and there wedged on to the rails again. Behind it were two lines of marks where the wheels had bitten up to an inch deep into the asphalt of the roadway, while at the corner of Wordsworth Street was a loop carved in the roadway larger and less elegant than that of the metalled rails. It is reported that a trailer was derailed on the Sumner line at Woolston yesterday, but the general manager of the tramways (Mr F. Thompson) stated that he has heard nothing of it.

Several derailments have occurred on the New Brighton line lately, which track, according to Mr Thompson, is approaching a state of needed renewal.

"Our lines are better than they have ever been before,” continued the general manager, when asked why the derailments had occurred. “There have not been more derailments than usual lately. There may be some stretches of line which are not tip to standard, but on the whole the tracks are in condition better than ever.”