FATAL ACCIDENT

Auckland Star, Volume LXXIII, Issue 125, 29 May 1942, Page 6

FATAL ACCIDENT

£1500 DAMAGES CLAIM

ACTION BROUGHT BY WIDOW

Alleging negligence by the driver of a truck which struck her husband in Fanshawe Street on February 9, resulting in his death, Mrs. Catherine Gladys Swindley, widow, Grey Lynn (Mr. Sullivan), claimed, before Mr. Justice Callan and a jury, in the Supreme Court to-day, from W. Lovett, Ltd.. owners of the truck (Mr. V. R. Meredith and Mr. Cleal), the sum of £1500 general damages, and £24 funeral expenses. Plaintiff claimed as sole dependent of the man killed, who was 58 years of age, and to whom she had been married since 1920.

Mr. Sullivan said that evidence would be led to show that Mr. Swindley was crossing the street and was.struck when near the middle of the road. It was alleged that there was no warning sounded by the driver of the truck, and that the truck was not travelling at the timeas near as practicable to the kerb on the left-hand side.

John W. Hollows said he saw the accident from a motor car he was driving some little distance from the scene. He saw Mr. Swindley running across the road, apparently to catch a tram at a stop at the Nelson Street intersection, and when near the tram rails he was struck by a truck going in the opposite way from that of the tram. He saw the truck swerve immediately before the collision, but heard no warning sounded, and had the impression that the truck was travelling at about 20 miles an hour and nearer to the tram rails than to the kerb.

After other evidence had been heard, Mr. Meredith said it was clear this was a case of a man running off the footpath at speed in the direction of oncoming traffic, and so contributing by his action to a most unfortunate accident in which the driver had no chance to avoid collision. A driver could not be expected to observe a man running of! the footpath until the latter came on the road, and then the latter's speed would increase the difficulty of averting an accident by action on the driver's part. Henry F. Anderson, the truck driver, said he did not sec Mr. Swindley till the latter was directly in front of the truck, and he at once put on all brakes and swerved. (Proceeding.)