FATAL COLLISION

Wairarapa Daily Times, 10 May 1932, Page 3

FATAL COLLISION

three separate claims. MASTERTON ROAD SMASH. A complicated case is occupying the attention of Mr Justice Blair and a iury in the Wellington Supreme Court, u!UI i 3 expected to last for some days, arising out of a collision which tok place between two motor cars on the main road about midway between Mas-tea-ton and Carterton at 5.30 p.m. on August 22nd last. The collision resulted in the death of Mrs W. J. Grose, and injuries to the other occupants of both cars, which were wrecked. Subsequently a charge of manslaughter was brought against Robert George Coulston, head slaughterman at Waingawa. freezing works, of which he was acquitted.

Three sets of civil proceedings were then filed, and the hearing of these commenced in the Wellington Supreme Court yesterday. Robert George Coulston claimed £IBO3 special and general damages from William John Grose. William John Grose, whose wife was fatally injured, sued Robert George Coulston for £3OOO damages. Thomas Francis 'Grose, son of William John Grose, also sued Coulston and another for £IOOO damages. Counsel for Coulston said at the time of the accident it was between lights, when some cars were lighted and others were not. Coulston was proceeding towards Master ton and Grose was i ravelling in the opposite direction, and the accident occurred about 14 yards south of the Freezing Works road. The road was perfectly straight for half a mile towards Masterton, and two miles in the opposite direction, and was laid down in bitumen. On that particular afternoon, said counsel, Coulston went to the Taratahi Hotel, Carterton, to listen to the wireless description of the Ranfurly Shield .match bew.teen Wellington and Canterbury. He was accompanied by some friends, and stayed at the hotel from three to five o’clock. Coulston had some drinks, and left the hotel with a young man named Burney. Coulston was driving the car, which he had had for seven years. He had never had an accident. He had switched on the lights, and was proceeding at from 30 to 32 miles an hour on his proper side. When near the Freezing Works road he was collided with by a car driven by William John Grose. He received severe injuries, and his car was wrecked. Coulston would only be able to assist the jury by telling what happened up to the time of the collision, as he had a fractured skull. He was on hisproper side of the road, keeping a proper look-out. Burney was not paying any particular attention to traffic, but would say that Coulston was on his proper side of the road up to a second or two before the collision.

Counsel said no one else saw the collision, but 'his client would produce evidence to prove that Coulston was on his proper side when struck by Grose s car. After the accident there was a mark plainly seen showing where Grose’s car had turned inwards in the direction of the spot where Coulston’s ear was eventually discovered. There were also two holes on Coulston’s side of the road, which were not there prior to the accident, in one of which Coulston’s ear was imbedded.

Having explained that Coulston’s car weighed 36cwt., nearly double that of the other car, counsel proceeded to demonstrate to the jury with two toy models, -one a good deal larger than the other, how he 'believed the accident to have occurred. His case was that Grose swerved across the road and the front of his car hit the front of the other. Being the lighter of the two, Grose’s car was turned round and faced toward Masterton a short distance away. Had Coulston’s car crossed to the other side of the road, being the heavier ear it would have driven the other car off the road, which was not the case. Further, Coulston’s car remained on its proper side. Coulston’s lights -could not have dazzled, as they were defective and not burning brightly. It had been alleged that Coulston was driving at excessive speed, but a witness who had passed him just previously would say that his speed w as reasonable. . Counsel added that he understood another defence would be raised which was not in the pleadings, that Coulston on that .afternoon had some drinks, and that he might have had his judgment affected thereby. Counsel defied Grose to prove that, for it could be proved that Coulston was perfectly sober when 'he left the hotel, to which the barman could testify. Although Coulston did have drink, unless it was shown that lie was influenced hy it the jury should not allow the fact to affect their judgment. At the criminal trial, when Coulston was charged with manslaughter, the sugges tion of liquor was dropped, and the case for the Crown being weak Coulston was acquitted. Counsel also- understood that it might be advanced that the accident was not due to the negligence of either Grose or Coulston, bat was due to an inevitable accident. This was not raised by William John Grose. As a result of the accident Coulston had lost the hearing of his right ear and Avas partly deaf in the other ear as tiie result of old trouble. Dr. F. J. Forsyth deposed to attending Coulston and Grose after the ac cident, the former’s injuries being more severe The base of the skull had been fractured. Coulton showed no signs of liquor, and had he taken enough liquor to have affected his judgment witness Avould have detected sonic Signs of it. Ho also described the injuries received by Thomas F . cis Grose, whose face is scarred He had suffered no permanent disability bevond that. John Burns, ivliose residence is about a minute’s walk from the scene of the accident, said he heard the impact of the cars, and, accompanied by his tivo boys, went to the spot. Coulston’s car was on its proper side, 'facing Masterton at a very slight angle, one back wheel just off the bitumen. Grose s

car was on the other side of the road ill a similar position facing toward Masterton, There avas blood on the road Avhere Coulston Avas lying, Grose Avas in the driver’s seat of his oavh car, and his Avife Avas in the other front seat. 'She Avas dead. The boy Grose and a ivoman Avere lying on the grass at the side of the road nearby. There Avas a hole in the road in which Coulston’s car ivas stuck. It Avas not there before. There Avere no signs of skidding or of brakes having been put on. . Similar evidence Avas given by a son of the last Avitness, and the hearing Avas adjourned until this morning.