DAMAGES CLAIM HEARD

Chronicle (Levin), 16 July 1946, Page 4

DAMAGES CLAIM HEARD

. Sequel To Collision CASE IN LEVIN COURT Arising out of a collision op Waitarere Road, David Rob.er.t§ Crozier sought to recover £72 10s 6^ special damages and £50 general damages from Wilson Lyoii Stanley in the Levin Court last Week. Mr. A. M. Goulding, SJVL, hearcl the case. David Roberts Crozier said he was prqceeding to Waitarere and along the road • approaching Crighton's mill he trailed Staniey's car for about a mile. Approaching his eventual turning-off poinf, Stanley slowed up appreciably gnd pulled up hard towards the left of the road, about 2 chains from the bend. ■ He thought that Stanleyls * intention was to allow him to pass. He pulled well to the side to pass Stanley, and accelerated to do so, givipg a toot to signal his inten^tion. At the apex of passing, Stan^ley tprned suddenly to cross the road, bringing the bonnet of his car into the rear of his (Crozier's) car. His car was overturned intp a ditch. No personal injuries resulted to himself or his sons, whp were in the car. During the even-, ing he and Stanley had a conV. versation, when t-he latter said that. he would meet the expense, sug-' gesting that quotes as to price should be secured from some of the garages. He had been driving for quite a numbcr of years. Peter Alfred Peterson gave evidenoe detailing the damage and repairs to Crozier's car. ' • To Mr. Goulding, he said that the car, after repair, was in just as gcod condition as before the accL dent. The accident would depreciate its sale value in normal times. Hubert Leeds, a passenger in Crozier's car, said the car was travelling at average speed, Stqpley's car slowed down, and moved to the left. He saw no signal from Stanley's car to indicate that he was turning. lan Leeds, also a passenger in Crozier's car, testified that Stanley's car was only a short distance ahead of Crozier's. Stanley had given no signal, and Crozier was compelled to go on to the righthand side of the road to avoid a r collision. Charles William Foster gave eyjdence as to the visibility alpng tfie part of the road in questicin, apd also particulars of the state of tfte edges of the road. The side of tpe road away from the drjve entrance v/ent down in a sharp tslope, with p-thrpp-fnnt drnn.

Wilson Lyon Stanley stated that just before the incident occurred he got within fifty yards of liis gate. and looked through his rear windows, seeing nothing. He was about to tuni when he heard the squeal of brake.s behind him. He then saw Crozier's car, which was swayiiig violently, swifig to ope side, run off the road and tupp over. He estimated Crozier's speed at 40 m.p.h. He considered that Crozier could have stayed on the road. Stanley himself had-'Stopped in the meantime. He was an experienced driver, and had had po previous accidents. He had jooked in his rear-vision mirrow befqye turning, and saw nothing behind . him. He had signalled, first to slov/ down, and then to turn to th.e right. "> To Mr. Todd: He first saw Crozier's car when it was about 30 feet behind. Laurence Moffatt said he came past the scene three or four miputes after, and had 110 difflculty in passing Stanley's car, which was at an angie to the road. Leslie Holmes said he had seen Crozier's car before the accidept. It had passed him when he was walking along the road, about half a mile away from. thew.spot where the accident " 'occunredi 5 ' Tts '.-Sjfgdd was betweeii 50?aiid 60 mfies j^er hour. •' • " :• \ ■, Mr. Todd contehded uhat Crozier was travelling at. sueh a speed that he was unable to stop to avojd Stanley. Crozier's failure to cbserve the signal did not free him . from the responsibility of avoid- • ing Stanley. Mr. Goulding said he accepted the evidence that no signal was given so that at least Crqzier coijld see it. There was nothing to sIiqw that the accident was the result of excessive speed. Judgment for plain tiff for £57 10s Gd was entered, witli costs apd expenses totalling £4 4s 2d. Crozier was represented by Mr. J. P. Bertram and Stanley by Mr. James Todd.