MOTOR COLLISION.

Wairarapa Daily Times, Volume 46, Issue 14200, 26 August 1920, Page 5

MOTOR COLLISION.

CLAIM FOR DAMAGES. ! FALjCONER. V. KEBBELL. At the Mastcrton Magistrate’s bpurt. this morning, before Mr. S. L. P. Free, *£m., James Falconer, of Masterton, proceeded against William M. Kebbell, ’of Mastcrton, to recover damages iii connection with a collision which tools place at the intersection of Queen and Park Streets between Kebbell’s motor car and Falconer’s motor evde, on 7th March last. ' The total amount of damages claimed is £l7O, 31s 13d, made up of damages to cycle, medical foes, loss of working time by plaintiff, due to injury, etc. ' . Mr. It.; R. Burridge appeared for plaintiff, and -Mr. 31. C. Robinson foi defendant.; Af the request q(: Mr., Robinson, all witnesses, ! except- Constbale were ordered out of court. Dr. J. A. Cowie said that lie had acted as medical attendant for the Falconer family. In. March last, Mrs. Falconer and the two children were treated as the result of the accident. They had becnj brought there by Kebbell. Falconer himself had a slight injury to his arm, but was not badly hurt. Mrs. Falconer Suffered from an injury to her shoulder, Which eaused her to lose the use of -Jieij arm for some time. She was also suffering’from shock, and'was confined to lier bed at home for some time. The boy, William Falconer, aged 30 years, suffered from concussion. He was in a jdazed condition for a* few days'. ' Hoi had a bruiso at- the side of lifs” skull) and it was uncertain whether lie had a frac.turc of the skull. A ccnsultation was arranged, as a result of which tin X fav examination was made in Wellingtonbut no fracture was foiifid. The bruise had evidently been caused bY| a blow. The lad was in bod for some jweeks at the hospital. The aftor-effecis of a head accident were uncertain.i The lad had been treated for giddiness, once or .twice since the aecidefit. ’ The little girl, Gwen, aged 9 years, also suffered from concussion, but recovered more rapidly than the bov.

To Mr. 1 Roliinson: Witness had eon versed with both Kebbell and Falconer after the laccidcnt, but lie did not remember ijiat either blamed the. other for the accident. Witness did not think it was- a. prudent thing to carry three passengers beside tlie rider on a motor cycle. If a'motor cycle loaded in this manner came out- suddenly in front of a car it would place the car driver in h. sudden dangerous position. W, E. Newman, motor cycle engineer said that as the result of the collision Falconer’s motor cycle was badly damaged. The account for repairs amounted to £24 12s lid. Kebbell called at witness’s -shop the day after the aeci. -dent-find asked what the cost of the -repairs would be. Witness said about £2O, and 'Kebbell remarked that, he would hoti pay that as 1 it was too much Kebbell and Falconer then went out of the shop. - Prior to the collision the value, of the cycle would be £7O, and after the rajiirs had been effected it was sold for £OO. It was a common practise-- to carry a jiassenger on tilt • back of'tip Indian cycle. Witness had ridden a motor with two other passen hers aboard, and the machine was quite alright to'handle.

To Air. -Robinson: Witness was not a good, enough rider himself to take on carrying three passengers in Queen street on .a motor evele.

' GoilStable Singleton said that he inspected flip scene of the motor collision oid 7th ‘March last, about ten minutes affdr the laccidcnt. Witness made a

sketch plain of the wheel tracks. The collision took place on the west side of Queen street. The car tracks showed that it bad turned from the centre of the road towards the right side of the road: It \Vas twenty paces from where the car left the middle of the road to where the; collision took place. The wheel marks were much heavier for these - twenty paces. The cycle had been 'pushed.-about five yards along the road,,and had then stopped against the te-legraph post on the west side of Queen street. j

Charles 'Henry .lames Ridgwav, farmer, of Poroporo, who was an eyewitness to the accident, said that Falconer was riding along Park street, towards Queen street. Falconer sounded his horn. Kebbell Is car was coming from Lansdowne along Queen street on the middle of the road. Witness did not hear Kebbell sound his horn. The cycle came into Queen street and swung across the street, so as to get,on to its proper side when going towards Lansdowne. KebbeH’s ear swerved to .the right, and the collision occurred. Witness thought Kebbell was swerving his cay to the right to allow Falconer’s cycle to pass on the wrong side. If Kebbell had, diverted his car to his proper side of the road he could have cleared Falconer. Kebbell was travelling from 18 to 24 miles an hour, and witness was of opinion that if he had *

been travelling slower he could have avoided the collision. Falconer kept to his proper side of Park street, and did not cut the corner. Even if Falconer had been riding an ordinary push bike flic result would have been the same. The case is proceeding. .