CLAM FOR DAMAGES

Wanganui Chronicle, Volume 84, Issue 180, 2 August 1940, Page 7

CLAM FOR DAMAGES

ACCIDENT ON CHRISTMAS DAY CASE ADJOURNED UNTIL THIS MORNING JURY VISITS THE SCENE Inspection of the scene of an accident, which occurred II miles south ot Raetihi last Christmas Day, was made yesterday by a jury whicn is hearing a claim tor damages in the Supreme Court at Wanganui. The hearing has been adjourned until this morning, as it was late yesterday afternoon before the jury returned from its visit ot inspection. Plaintiff in the action is Leonard Stanley Smith, a 22-year-old farm labourer, living on the Parapara Road. He is claiming £1590 from Joseph Jones, public accountant, oi Ohakune, alleging that defendant was negligent in driving a motor-car on the Parapara Road on Christmas Day. 1939, and, as a result of that negligence, plaintiff was injured and had lost the right leg from seven inches beiow the Knee,

Plaintiff had been riding a motorcycle at the lime and was travelling from the Ohotu-Karioi Road on to the Parapara at the Ore Ore junction. A collision occurred at the intersection. His Honour, Mr. Justice Blair, is the presiding judge. Plaintiff is represented by Mr. C. J. O'Regan, Wellington, and defendant by Mr. B. C. Haggitt, Wanganui. The members of the jury panel are. Messrs. A.' Mills (foreman), W. T. Barron, R. J. Carthy E. Johnson, E. J. Kimber, E. Lewis, C. F. Bates, J. W. Sutcliffe, R. Barnes, R. S. Robinson, S. J. S. Lett, and G. A. Thrush. Car's Position Noted Cross-examined by Mr. O’Regan, the defendant said that he did not shill the car until all there had noted ns position. He would swear that. He nad shitted the front seat to give tne boy more room. It would be true that he had to use a hand to lift his (defendant’s) leg so as to put his foot on the brake, it was because of having an artificial leg and the cramped position he was in that lie had to do that. Re-examined by Mr. Haggitt, defendant said that before the accident the driving seat he had been in was back and when it was in that position he had had no difficulty in applying his foot to the hand brake. Francis Henry Tocker, driver, residing on the Parapara Road, a quarter of a mile from tne scene ot tne accident, said that when he got there ne found defendant's ear in the position it was in when it was first pulled up after the accident. It was on its left hand side and had just entered tne intersection. There was about nine feet between the offside of tile car and the edge of the road. Blake mark., made by the car were apparently made by the front wheels. There were no marks made by the cycle, which had been shifted before he got there. The constable and doctor arrived on tne scene before the car had been shifted. The constable asked plaintiff whether the car driver was In any way responsible for the accident and plaintiff had said no, that it was purely an accident. To Mr. O Regan; He had got to the scene of the accident about a quarter of an hour after it had happened. He saw defendant adjust his front seal. He was lirst approached to give evidence early in May. There was nothing to indicate the route the car had followed when he saw it. Nor was there anything t 0 show where the corlision had occurred. Constable’s Evidence Constable Janies Haldane Beaton in charge of the Raetihi police subdistrict, said that when he got to the scene defendant's car had been shifted and was facing Raetihi. When witness was questioning Jones, Smith senior, interjected and said that the car was on its correct side. Because there was great need to get the injured boy to the hospital, witness put questions to him and the boy had replied that there was no blame attachable to the driver of the car, it was just an accident. Witness, witu Dr. I eltham, then took measurements. The bicycle had no warrant of fitness and witness knew the machine because it had been in an accident when ridden by another owner six years before. "It .was a ramshackle bicycl" at that time,” said witness. Io Mr. O’Regan; He did not ask plaintiff if he had any allegations to make because he was the injured party, it was to let him get away to hospital as soon as, possible as he was m pain. Leonard F. Dowling, formerly senior patrol of the Automobile Association (Wanganui), who was responsible for sign-posting the Parapara Road sale hat a sign-post referred to by plaintiff as being on the west side of the road had been removed on December 22, three days before the accident. To Mr. O Regan: In its new position the post would be reasonably visible from the direction in which the defendant was travelling—2o to 25 yards.