MOTOR COLLISION.

Waipawa Mail, Volume XXXVI, Issue 7718, 11 May 1916, Page 3

MOTOR COLLISION.

COURT SEQUEL.

A civil action in which Dr. Deck sued George Ireland for £9 17s 6d for damage to plaintiff’s motor car alleged to have been caused through defendant's negligent driving, was heard at the Court this morning before Mr S. E. McCarthy, S.M. Defendant counter-claimed for £3 for damage done to his car. Mr VVedde appeared for plaintiff a nd Mr Norris for defendant. The plaintiff, Dr. Deck, stated that on December 22nd last he was backing his car out from his premises, the car having been standing just inside the gate. Just as he was turning the front wheels, he felt a sudden bump, and the car stopped. There was no c&r in sight when he started to back „ a t. There was an open space of 90 between plaintiff’s gate and the unrest building, so that defendant bid a clear view. One of the back r j,eels was smashed to matchwood. |D d the axle bent. The repairs cost ft 17s fid. Owing to the accident plaintiff was prevented from attendmi: his consulting room at Waipukurau, and claimed £3 for loss sustained thereby. Barney Ireland told witness he saw his uncle coming up at a very fast pace and put up his hand to stop him. At that time Barney Ireland vas of opinion that defendant wus to blame.

Corres|»ondence was put in in which plaintiff offered, without prejudice, to halve the cost of the damage. Defendant wrote denying all liability. Cross-examined by Mr Norris plaintiff said he did not look to see if a nr was coming, but if one had been in the vicinity he would have heard it. Did not sound the horn. After the collision the front wheels of witness’s car were resting against the culvert. Was not able to get his partner’s car for use on the afternoon of the accident.

Alfred Collett deposed that on the late in question he was standing oppolite the brewery with Peter Johnson md saw the accident. Ireland’s ear iwerved off to the right, and then back again, colliding with the wheel of Dr. Deck’s ear. The latter was ruining out very slowly. Defendant was travelling very fast. There was ample room to paiss. Lady Muriel Deck stated that she heard the crash and looking through the window saw that the doctor’s car had been damaged, the front wheels resting on the culvert. H. K. Furminger, motor expert, gave details of the extent of the damage. He related a conversation with Barney Ireland in which the latter said “The other man was to blame” (meaning defendant). THE DEFENCE. Mr Norris, outlining the case for the defence, contended that defendant was in no manner negligent. He was driving at a moderate speed, especially so as his wife, who was of a nervous disposition, was with him. Then l were some children playing at the corner of the road and his attention was distracted by them so that he did not see Dr. Deck’s ear coming out of the gateway; When he saw* the car defendant swerved to the right, and would have cleared it hut for the loose* shingle causing a skid. Counsel then called evidence and the hearing was proceeding when we vent to press.