CLAIM FOR DAMAGES

Bay of Plenty Beacon, Volume 10, Issue 66, 23 December 1946, Page 5

CLAIM FOR DAMAGES

COLLISION NEAR FACTORY

HEARING AT OPOTIKI A lengthy civil claim was heard during the sitting of the Opotiki Court, when Henry McGregor, farmer, Opotiki, plaintiff, sought damages from Joe Skelton, Whakatane, labourer, defendant, arising out of a motor collision near the Opotiki dairy factory. Mr Burnard (Gisborne) instructed by Mr Hei appeared for plaintiff and Mr Hodgson acted on behalf of defendant.

The statement of claim stated that on 21st April, plaintiff was driving his Plymouth car along the OpotikiGisborne State highway when defendant so negligently drove his car along a road customarily known as Stoney Creek Road from the back of the Opotiki butter factory towards the Opotiki-Gisborne State highway that he collided with plaintiff s car. At the time of the collision it was alleged that defendant was driving at‘excessive speed and failed to keep a proper lookout and cut the corner of the roads and failed to stop and give way to plaintiff. Plaintiff’s car as a result of the accident was damaged to the extent of £24 including damage to mudguards, radiator, radiator grill, fenders, headlamp and bumper totalling £2O, and damage to one front wheel £4. Plaintiff had received the sum of £lO from Roy Skelton, father of defendant and credit was given for such sum.

By reason of the collision plaintiff was deprived of the use of his car during the time repairs were being effected and as a result of damage to one headlamp he had been deprived of the use of his car at night time from the date of the accident up to the present time.

Plaintiff therefore claimed the sum of £l4 in respect of damages after allowing for the amount already paid and in addition £ls general damages making a total of £29, Evidence was given by the plaintiff, Geo. Scott, cream grader, Geo. Butler, farmer, Waioeka, Gordon Wilfred Anderson, farmer, Opotiki and Lyall Abbot, factory employee. It was stated that plaintiff’s car was being driven at a slow speed in a southerly direction on the correct side of the road approaching the factory when defendant came around the corner on the wrong side of the road. Plaintiff turned his car on to the grass almost reaching the ditch when defendant’s car struck plaintiff’s car in the front on the right hand side, both cars being locked . together and swung round facing the drain. Mr Hodgson submitted that a collision could have been avoided if the brakes on plaintiff’s car had been efficient and in good working order. He also claimed that plaintiff had agreed to pay half the cost of the repairs. Evidence for the defence was given Ijy Mr A. L. Beets and the father of the defendant.

For the plaintiff a complete deial was made of any agreement to pay half the damage. The Magistrate said the defendant’s case rested on the evidence of the witness Skelton and he did not believe him.

Judgment was given for plaintiff for the balance of £lO for repairs, £2 15s being allowed for repairs to the wheel and £5 general damages. Costs were £2, witnesses’ expenses £3 19s, solicitor’s fee £2 12s, making a total of £26 6s.