FARM WORKER SUES HORORATA FARMER.

Star (Christchurch), Issue 18011, 23 November 1926, Page 5

FARM WORKER SUES HORORATA FARMER.

CLAIMS DAMAGES AS RESULT OF MOTOR SMASH. The. bearing of a claim for £962 11s Gd damages by Harold Arthur Thorne, farm labourer, against Jack Olliver, farmer, Hororata, on account of a collision at the corner of Morgan's Road and Cordy’s Road, Hororata, on March 21, 1925, was continued to-day before Mr. Justice Stringer and a jury of twelve. Thorne was riding a motor-cycle, and Olliver was driving a. car. Thorne stated that his right leg had been fractured. lie alleged negligence against Olliver. . Mr Johnston, with him Mr White, ajxpeared for Thorne, and Mr Sargent, with him Mr Connal, for Olliver. Further evidence was given for the defence. Edwin James Rutledge, Papanui, carpenter, said that Thorne was doing forty or fifty miles an hour at the comer, judging by the noise of his engine. Eric Basil Rawlings, company manager, and K. England, motor engineer, gave evidence for the defence. Charles 11. Ingram gave evidence m rebuttal of Rutledge’s evidence. Mr Sargent said that Olliver was going at a moderate speed, when there came along what seemed to him a motor-hog, and he swerved. Thorne was on a speedy motor-C3*cle. He was speeding to get a cricket stump required for a cricket match at Hororata. Mr White said that Olliver, by crossing to the wrong side at the corner, caused the accident. Thorne had been burdened with a permanent shortening of his leg, and his claim for £SOO general damages was a moderate one: His Honor said that the question was whether either party was guilty of negligence, and if so which one, or whether both were guilty to the extent that the jury could not award damages for one against the other. Olliver admitted that he was on his wrong side. If a person chose to follow the , course taken by Olliver, he did it at, his own risk. The fact that other , people had done it did not make it the proper course. If Olliver had gone well on to his proper side he would have had a wider vision of traffic along Cordy’s Road. There was no physical difficulty in his way of getting over oh to that side. It was a metalled road and it offered no obstacle to the car going along it Apart from what might be said as to Thorne’s negligence, there certainly seemed very direct evidence that Olliver was guilty of negligence. Mr Owen, station master at Coalga te, had given very important corroboration of the statement that Olliver, immediately after the accident, admitted that he was to blame.