CLAM FOLLOWS COLLISION

Chronicle (Levin), 7 December 1946, Page 8

CLAM FOLLOWS COLLISION

SUCCESSFUL DAMAGES ACTION Judgment for the plaintifl's was mtert'd by Mr. A. M. Goulaing in a case in which Edgur Cuarles .L'-helps, of the Arcadia Bu-kc^y, Levin, and Aian Kj.roid Croad, oaker, sought £25 angl £50 respect- , ively from George Easterbrook, chemist, of Christchurch, for -dam,age suffered by their vehicles when , a car diiven by the defendant col- | •lided with them as they were p;irk- ; ed in Oxford Street. Mr. J. P. , ©ertram appeared for clefendant 1 and Mr. N. M. Thomson for plainM's..

In evidence, -Croad said he parked his van correctly in Oxford Street, ■ opposite Stuckey Street, and ! Pnelps later parked his van in i'ront of it. Both were horizontal to -the footpath and a few feet , aparc. He had left the vehicle ■unattended for three hours, and when he returned found that Easterbrook's car had collided with nis and pushed it into the rear of Mr. Phelp's van. His van was a ■ complete write off. It had origin-all-y cost him £60, but he had spent i further £40 on improvements. It had been insured for £75.- He had since sold parts which had realised £25, and was now claiming £50 of its value. Phelps testified that he had parked his van in front of that of he previous witness. He was in a shop when he heard a crash, and saw Easterbrook running into the - nose cut and .biiH'.^dlsbm'ething about his hav-; ihgr ■ driv'eh all night, and that he must' have ' fallen asleep at the wheel. Witness said the back of his van had been damaged. In answer to a question by Mr. 'Bertram, witness said Easterbrook's car had hit Croad's van squarely at he rear. There was no other raffic on the road at the time. Donald James Sweetzer, an insurance inspector, said that in his opinion the damages claimed were in order. He had considerable experience in assessing such damages and valuating cars. Mr. Bertram said it appeared that the vans were correctly parked, .and he would accept Mr. Sweetzer's opinion pn the assessment of damages.