ACCIDENT TAKES PLACE ON HILLS.

Star (Christchurch), Issue 18442, 18 April 1928, Page 4

ACCIDENT TAKES PLACE ON HILLS.

MAYOR OF LYTTELTON MUST PAY £7/10/- CLAIM.

Tn the Lyttelton Magistrate’s Court to-day, Douglas Arnott Clarke, Colombo Street, Christchurch, who was represented by Mr Johnston, claimed from F. E. Sutton, Mayor of Lyttelton (Mr Sim), the sum of £7 10s. The claim set out that defendant drove his motor-car on March 25 last on the Lyt-telton-Sumner Road, and that the car collided with and damaged a motorcar belonging to the plaintiff. Douglas Arnott Clarke stated that he was driving an Alvis car with four passengers. He was driving in second gear, and his car would only travel at twelve to fifteen miles an hour on second gear. He used his brakes on the corners. Mr Sutton was between forty and fifty' yards off when witness saw him and pulled in towards the wall and stopped. He considered that Mr Sutton was travelling at between twenty and twen-ty-five miles an hour. The defendant’s car came on the car track near the centre of the road. In swerving around to pass, Mr Sutton damaged the mudguards of witness’s car. On Sunday’ last he noticed several cars pass each other at the same place without touching each other. After the accident, Mr Sutton proceeded for about ten yards. Then he stopped and interviewed witness and obtained his address. Witness also took defendant’s address. To Mr Sim: Witness was averaging from about twelve to fifteen miles an hour at some part of the journey. lie did not look at his speedometer, for he knew that his car would not do any more than that speed on that particular grade. Another witness gave evidence that, in the company' of some friends, he was walking from Lyttelton to Sumner. When near the wall, he heard Mr Sutton coming up at a great turn of speed on the -middle of the road. He would say that Mr Sutton was travelling at between twenty and twenty-five miles per hour. Mr Clarke’s car was about five yards along a concrete wall on the road. Mr Clarke came along close up to the wall and stopped. A. Nash and J. Herman gave similar evidence. Frederick Ernest Sutton stated that he was travelling at from fifteen to eighteen miles an hour on the hills. He saw, Mr Clarke at least four chains before the impact. There was nothing to stop Mr Clarke from seeing him. As soon as he saw Clarke, he made for the side of the road, and expected him to pull up at the bay, which was only a car length from where the impact occurred. Witness had never seen two cars try' to pass at the particular spot. To Mr Johnston: He was caught in the bottle neck. He could drive his car up the hill at fifteen miles without stalling. Clarke's car hit witness before he struck the wall. James Bundy stated that he expected Clarke to turn into the bay, ,but instead he came on. Herbert Macintosh, chief motor inspector, stated that it was not safe for cars to pass at the particular spot. The Magistrate stated that in cases such as the present lie preferred to take the evidence of outsiders, ns it was not tinged. Judgment was given for plaintiff for the amount claimed, with costs. The counter-claim, which was put in as a defence, was dismissed.