ALLEGED NEGLIGENCE

Waikato Times, Volume 94, Issue 14774, 13 October 1921, Page 5

ALLEGED NEGLIGENCE

SUPPEME COURT ACTION HAMILTON MOTORIST SUED. £BBO DAMAGES CLAIMED. The case in which Joe Sumich claimed £BBI damages from Malcolm McGregor, for injuries allegedly received as a result of defendant's negligent driving of a motor car, was continued in the Supreme Court, at Hamilton. A number of witnesses gave evidence as to either hearing or seeing a car, which they took to be McGregor's, i.i tin; vicinity of Taupiri on the night in question, while other witnesses deposed to seeing McGregor in the Taupiri Hotel about 6 o'clock. A storekeeper at Taupiri named Hill, whom it. had been suggested had a car which made a similar noise to McGregor's, said that his car was not out of the shed on that day. A taxi-driver of Xganiawahia, named Frcdk. H. Allison, said he had known McGregor drive at a very fast speed on occasions, which he estimated at from* 30 to 40 miles an hour, though he would not regard him as a reckless driver.

Dr. Isdale, of Ngaruawahia. said he examined plaintiff after the accident, and found that he had his arm broken in two places, and next morning witness proceeded to the scene of the accident, and saw where a motor-car had run In the watertable for several yards. None of the witnesses could actually swear to McGregor driving the car. This concluded the case for plaintiff.

Before opening for the defence, Mr Northcroft pointed out that none of the witnesses had given evidence that McGregor was driving the car. The most that had been said was that McGregor was in Taupiri; that he drove a car which made n conspicuous noise, and that a car which made a conspicu - ous noise was in the vieinity on the date in question. His Honor said the evidence went a little further than that, and he did not care to withdraw it from the jury at that stage.

In his opening- address Mr Northcroft stressed the points he had previously mentioned, and pointed out that many things suggested that the accident was caused by some other person than McGregor. He suggested that it may have been caused by the motor cycle which was closely following McGregor's car, and said he would bring evidence that a car containing Maoris and which made a similar noise to that of McGregor's was along the road about j 4.30. going in the opposite direction, hut no one could surmise at what time it returned. Defendant said he had driven a motor car for 14 years, and had won motor cycle races. He stayed the previous night at the Masonic Hotel, Cambridge. He If ft at 11 a.m. on the mornins in question, lunched at his father's home at Hamilton, and in the afternoon had tea at his uncle's place at Te Rapa. He left there about 4.45 and switched his lights on when between Horotiu and Ngaruawahia. It was nearly a week later before he heard that he was supposed to have knocked Sumich down. Had his car struck anyone he would certainly have known of it, but he knew of no such incident. On reaching Tawpiri he called at the local hotel for a message left there for him. He had no drink there, nor at all that day. His car was making' an unusual, but by no means uncommon, noise at that time, owing to the silencer being cracked. The noise resembled that of an ordinary "cut out" being used. Questioned as to the character of his driving, defendant said he had never struck anyone on the road during the whole of his driving career. There was one incident where a horse was frightened by bis car. and this was the only occasion when he w'as involved in litigation through driving a <'.ir. Cross-examined by Mi - Dickson, defendant said it was possible that his car might not have fell any unusual vibration as the result of striking a swinging arm. He had bright, lights burning at the time, and musLhave seen Sumich had he been on the road. Mr Dickson: Is it not a fact that you have a bad name in the motoring world? Defendant: Well. I am not likely to have heard that. '(Laughter.) Haven't you created some records in the district for speed?—Not that I am aware of. Have you not taken bets to race between Hamilton and Cambridge with your'throttle tied down? —No. He was summoned on one occasion within the past two years by the nolice for negligent driving, but the police lost their case.

Defendant estimated his speed on that nighl at between 2a and .'iO miles an hour. This was not a dangerous speed to round the be.nds on Hie Nguruawahia road. Arthur Callaghan, barman at the Taupiri Hotel, said McGregor called at the hotel about. f> o'clock. He remained there for about a couple of minutes and asTced for a message, lie had no drink, nor did he appear to have had any.

William Waring said he was driving from Taupiri to Ngaruawahia between 5 and'6 o'clock on the night in question, when he passed Sumich and later a car followed by two motor cycles, going towards Taupiri. lie did nut, think the car was McGregor's, which he knew well. Whoever it was the car was not travelling fast. He had no recollection of passing any other ears on the road.

Philip John Williams, clerk, employed by lialpetys. said he hail often driven with McOregor, who was a highly skilful driver, and one of the best he knew. Witness was with him on Ihe evening in question, and lie would have known if any such incident as described by Sumich hail happened, lie was quite certain that McGregor's ear did not knock anybody flown. They were travelling at, not, more (ban 30 miles an hour. Witness could not bill have seen Sumich had the car struck him as suggested.

Sidney Tombs, motor garage proprietor, gave evidence regarding "cut outs" ;inrl car noises. Mi' Dickson suggested that the jury should view the scene of the accident, bul His Honor said he would direct the jury that if any motor car ran into the water table and knocked down ami injured Hie man it would be prima facie evidence of negligence, but. Mr Dickson's difficulty in this case seemed to be one of fixing the identity. The jury decided that they did not desire to visit the scene. (Proceeding.)