MOTOR CAR SMASH.

Wanganui Chronicle, Issue 12856, 26 October 1912, Page 2

MOTOR CAR SMASH.

COLLISION OX A DAUK NIGHT

THE SEQUEL

(By Our Travelling Reporter.) MARTON, October 25

As a sequel to a collision recently between a motor-car owned and driyen by J. G. Blackwell, and a fish-cart owned by A. Rebay, the former proceeded against tho latter in the Marton Magistrate's Court for tho recovery of £81 os. 9d., cost of damages sustained by tho car.

Tl-.o plaint set out that (1) The plaintiff on tho sth September, 1912, was. lawfully driving hi« motor-car along the public highway road leading from Station. Street to Marton Railway Station; /2) through the negligence of the defendant or his servant a horse and cart belonging to the defendant, being left unattended at tho railway station without lights got out of control and collided with tho plaintiff, overturning his car and causing damago .amounting to £81 Os. od., made up as follows:—Repairs to car £16 6s. 6d., Sinclair and White's (motor experts) account £13 Is. 6d., Colonial Motor Co.'s account 12s. 9d., A. F. Sharpe's account £13 35., lost of uso of car from Sent. sth to 30th £35, Dr. Scott's attendance on L?.;vs (a passenger) £1 7s. Gd.. Law's board for ono week £1, coach hiro 10s.

Mr. Collins, who appeared for plaintiff, asked leave to amend the claim by adding a further amount of £13 11s. 2d., representing accounts which had come in sinco the case was convened.

Mr. Lyons, for the defence, objected, but tho application was granted.

Duncan Richards, a passenger on the car at the time of the accident, gave evidence that when on the way to the railway station in plaintiff's car* he noticed a cart without lights approaching. It crashed into the car. Tho car was travelling at the rate of about 15 miles an hour. He was under the impression that two acetylene lamps were burning on thG car at the time. They were probably travelling at more than 15 miles an hour before reaching the Tutaenui bridge, but on the bridge the rate of speed was decreased.

J. G. Blsickwcll, owner of the car, stated that tho accident happened about 6-45 p.m. Tho^ headlights on his car woro burning briV.htly. Witness said that ho observed tho rules of the road, and then described the injuries to the °ar. Ho subsequently saw the owner of tho fish-cart and asked what he was goinfj to do concerning the damago done xo tho car, but received no decided answer*.

Cross-examined: Ho left the White Hart Hotel at twenty-five to seven, and was intending to catch the train leaving at 7 for Paimerston. Bo was certain that ho was not travelling at more than 15 miles an hour, because tho train naesed him. The horse-power of the engine was twenty. If witnesses said that he was travelling between 30 and 40 miles an hour, and further that his speed caused tho witnesses to apprehend a >rr.ish, ho was prepared to say that it wa-: untrue. Defendant was on the Avrom<: side of the road. He considered th?.t tho horse was a runaway. There was a chain on the wheel of the fish'■art. whilst there was also a Clapham bolder on tho shaft of the cart. When he saw the cart "making for the car ho nut. his foot on the brake, but tho impact was sudden and tho car overturned. Ho had reduced tho speed of the car to about eight miles an" hour. His car was a Ford, and cost him £270. Bofore tho accident he was making over £10 a week. Sometimes he made £20. This was gross. He. had a collision f; bo lit nfno months ago. ■ As the Magistrate intimated that he would not sit after 6 p.m., counsel for tho defence' asked that the evidence of .". railway signalman at ,the station should bo taken. •

Tho application was-granted, and Ed-' ward Morris stated .that the horse ran away from the station"twice on the night of tho accident. It apneared to witness "that on the second occasion the horso' did not travel?:at frthe 'sariil pace a": the first time. Sparks were-flying rrcm tho wheels, so "he inferred they were, locked. and that no one was in tho cart. There were lights on tho car, r.ncl also on the fash-cart, but they went out when tho collision occurred. He heard tho smash from the signal-box. Ho observed that as the cart approached the oar it was about tho centre- of tho road.

The case was adjourned till n?xt Court day.