COLLISION CASE.

Press, Volume LXVII, Issue 20184, 12 March 1931, Page 3

COLLISION CASE.

ACTION IN SUPREME COURT. JUDGMENT FOR PLAINTIFFS.^ The hearing of a claim for damages amounting to £906 13s, resulting from a collision between a motor-car and a motor-cycle at the intersection of Oxford terrace and Cashel street on June 3rd, 1930, was concluded in the Supreme Court yesterday. After a retirement of one hour and 50; minutes the jury returned with a verdict for plaintiffs. William Greig ■was awarded £250 general' damages,, and. £45 15s special damages. James Bobinson Cairns was awarded £25 general" damages and £6O 10s special dam-! ages. Plaintiffs were William Greig, bridge carpenter, of Ombersley terrace, Opawa, and James Bobinson Cairns, labourer, of Strickland street, Spreydon. The defendant was Arthur Howard Spratt, clerk, of Dalgety and Company, Christchurch. 'The case was heard before Mr Justice Kennedy and a jury of twelve. Mr 11.I 1 . D. Sargent appeared for plaintiffs, x and Mr R. Twyneham for defendant. Statement of Claim. / Plaintiffs alleged that on June 3rd, 1930, at the intersection of Oxford terrace, Cashel street, and Durham street, the < defendant so negligently and unskilfully drove, managed, and controlled a.motor-car that it collided with the motor-cycle ridden by Greig, whereby the cycle was damaged, and Greig suffered injury; that Cairns, who occupied the pillion seat, suffered severe injuries. Greig claimed ;£ 545 15s (£SOO general damages, £3 for damage to his motor-cycle, £6 15s hospital expenses, and £36 for loss of wages). Cairns claimed £360 18s (£3OO general damages, £2 8s hospital expenses, and £58.10s loss, of wages). Defendant, denied negligence, and submitted that the collision was caused through the negligence of Greig. Oross-Examination. Cairns, cross-examined by Mr Twyneham, oaid that he noticed no manoeuvring on the part of Greig until just before the impacts The speed of the motor-cycle along Oxford terrace was between 18 and 20 miles an hour. When he .first saw Spratt's car, it was well on the wrong side of Oxford terrace. , /Witness said that he was not rendered unconscious by the accident, but was badly dazed. The motor-cycle ■ hit the car on the front left*wing. He'did not know thati the rear door window of the ear was smashed and that the panel was badly dented. There was no possibility of Spratt being embarrased by the presence .of another car. _ To Mr Sargent witness said that his opinions as,to speeds and distances were only estimates. bystander's Evidence. Norman JSrlc Taylor, solicitor, said ' that ajt tno time of the collision lie was .walking Along Oxford terrace and was about; 30 yards from Durham street. . WEr Twyneham:. Witness did hot - gramine. the scctyejaterin daylight. He tlie-motor-cyclist "bad bfcen moved- immediately after the 'toollisisn.%'» - ' Thin concluded the case for. the plaintiffs, ' -rl. . The Defence.' Mr Twyneham said that the. defence i would indicate that the car v which crossed, the Bridge of Remembrance _ had caused a danger, and for tliat reason defendant 'made a Bharp turn, - into Cashel. street. It-would 'be 'contended I that plaintiffs travelled at > a high ' speed. * Arthur- Howard Spratt said that' he was on his correct side of the road, and slowing- down at the-corner, was I 'going jat about 25 1 miles per hour.- The I road appeared to be-clear when he api preached the Cashel street corner. I -When he was .opposite the main arch of the Bridge" another car was well over the, middle of "the Bridge,, going at'too high a,speed. By this,time witness was travelling' at 12 or 14 miles an,hour. ' Ho put on his'brakes and swerved to the right'and enabled the other car to- get clear." He saw the headlight ' of a motor- ( cycle coming towards him on. his Jfift, It was 40 or 50 feet away. He could not giye, jth'e speed of the motor-cycle, but' it was a high speed. As soon as the impact took- glace he stopped flead. His car was struck on the* left rear' 'door. The. impact was exceptionally severe, ai rooked the car. He saw a man lyin& in the middle of the' road. { .As hia car: 'was .then- in a dangerous position 'h&jnovei it 80 feet away. l He rstn "the, scene, but the man Jiad 'been removed*to the side of the road.'-. . ; ,To, ' ; Sargent r witness* said l that he " wft| i * of * the r olUeSfe; car-drivers ?in-' OhriatihuVehk" 1 His experience ex- t tended over 85/ years.. He yraS quite ■pojtttiye'that, when Cashel, was pot.'m^e/than',,!*' orl 15«fmjles hour"/," The*- <*l&er,v car tnrifedsthe-"comerr at- a high. speedy , , f^tOX'"if JJob'f Jrt Christopher! -J>obson, : -motor meelmnitJtdf Chti&tehurch, said 'that he k ,|^pi<JeAi;^^Qbe r ldftnhi^d'rear door,wad tb'fidly 'danced, -/two* windows, were' thW;ifuniiinjg-b,oardrwas; broken. ' the^Mtidgu|itd r :waß^crumplßd' ' up, theTjugW]g€^l^&/ ratoage' to, tfye " ; car,itbe *6pepd e 4 - ' 'jTq Witness 1 ' that ik ' was. ve^.'difficult tV6irtabiatfe-#peed -the* ■- daiha&ee donfe/i l * -?■ * To iS; Twyneham; The damage indicated that the car was. hit broadside on. J * - Cyril jMcConachie, labourer, gave l evidence of having seen the accident.' Before the. collision Spratt's car was travelling at ifrJto 10 to 12 miles per hour. A- taxi, coming over the Bridge of Remembrance, was> going at about 40 .miles par hour. .Spratt had tofjwerve j to"miss■ the rfhich went, straight | along Oxford terrace. Witness tried, to i secure -the taxi's number, but-the speed j Was too great. Thespeed of the. motor- 1 cycle wis about 30 milea an hour. The •motor-cyclist' did' not . slacken - speed. After- the. crash Spratt stopped. "Witness, and /another mail, picked up one

of- the iniiirija ajid hitn to the "ride oi the wtsrr--1 To Mr Sargent, -witness fraid that thO' ■' i taxi turned the corner infft race on .two wheels. . I This coneladei the case ..for ;the defence. ■■ 1 ' ■. ' " - >■ i: The jury found that the defendant ,* had been guilty o£ nogligeuco, np.l Awarded the, 'plaintiff Gioig £iSsu general damages and £45 15a special ■ and to Itfie plajiritfffCairns' $ '£ss general damages and €C(O - , cial damages'. \ j <His Honour gave, judgment ia afceord-an^e-with'thp j vq|'ditet.',' v .V " V l .-'i Costs were bath plaintiffs.