SEQUEL TO COLLISION

Chronicle (Levin), 14 June 1947, Page 2

SEQUEL TO COLLISION

CLAIM FOR £92 DAMAGES A case which occupied considerable time was heard in the Magiscrate's Court, Otaki, on Thursday, when Percy Thomas Jervis (Mr. B. H. Rhodes) claimed from William Wah (Mr. .Hardie Boys) the sum of £92 15s 6d for damage sustained to his car in a coiiision with one driven by Wah. Plarntiff stated that the accident took place on Beach Road, Waikanae. He was the owner of the car, which he had lent to his son so that he could visit a friend. The damage to his car had been assessed by Mr. Harry Arcus. He accepted no responsibility for his son, who was a lieensed driver and who worked crn the Public Works. Robert Henry Jervis stated that during November he had borrowed his father's car, and was going south towards Waikanae to the beach, at about 7.30 p.m., travelling at about 25 m.p.h. Suddenly, and without warni'ng, defendant's car emerged from a side gateway, and although he promptly applied his brakes a coiiision could not be avoicled. The scene of the aceident was in a place where there was a high hedge, which obscured views fiom either side, while there were also cattle stops and a bitumen road, with grass right up to the sides. There was plenty cf room to pass had he had a warning that Wah's car was going to emerge from the gateway. After the coiiision the two parties had discussed the accident, and each accused the other of being in the wrong. It was decided that the traffic inspector be sent for. Jt was also agreed that Mrs. Leong, from whose property Wah was leaving, should ring for the poiice, but later it was agreed not to do so, as they hoped to make- a settlement. He had a clear- view of the road and the. sun was not in his eyes, while Wah had plenty of room. Continuing, plaintiff " again pointed out that the high hedge would obscure Wah's vision unless he was well clear of it. He had endeavoured to stop his car immediately he saw Wah's, but was unable to do so as he was almost on top of it when it was noticed. Although he immediately applied his brakes his car struck Wah's between the 'two mudguards, doing considerable dam- . age. His own, car suffened damage. He had had no .time. to sound his horn as ' Wah's car was not seen till he was almost up to it. He just applied the brakes and waited for the bump. Later he saw Mrs. Leong, but did not discuss the accident. She did say that he must have been going at a terrific pace, but this he denied. When the inspector arrived. he never asked him to take measurements, but the offieer told him he had the right of way and that Wah was in the wrong. To Mr. Rhodes: Ihe sun was on ' an angle and did not affect me in any way. Inspector Davis said he remembered the day of the coiiision. The sun was not good, but it was not bad. He saw Wah's car on the side of the bitumen and noticed a skid mark made by Jervis' car. If Wah's car had been struck by a car travelling at 30 m.p.h. it would probably have turned it round. The locality, he considered, a dangerous one on account of the high hedge, which was about 18 feet high. To Mr. Hardie Boys: I arrived about twenty minutes after the accident, but had never heard the sun mentioned as being the cause of the accident. I told Wah he should have stopped before emerging from the gateway, and

looked in both directlons. Wah stated that he had looked but had not seen an approaching car. Constable W. A. Calwell stated that Jervis ealled on- him to make a statement, and in consequence of the visit- he had gone to the locality. He found the front wheels of - Wah's car on the bitumen and from there one could see the approach of a car. He knew the locality well, and was conversant with the gateway and high hedge., Harry Arcus, garage proprietor, of Otaki, stated that he had given Jervis an estimate of the damage done to his car. Mr. Hardie Boys submitted that the accident was due to Jervis, pointing out that Wah's car was well to the side of the road and stationary. Jervis was travelling at a high speed, especially as he knew of the dangerous locality, due to the hedge. Wah had taken precautions. He had looked both ways and had a view of about 150 yards. He expected Jervis to stop. William Wah, of the Chinese Agency, stated that he had .been driving for about six years* and that on the day in question he had been visiting Mrs. Leong. Mr. and Mrs. Ching and three children were with him. He knew the locality well, having made several visits, and was going slowly at the time, more so because he had a passenger who was car sick. Coming out of the gateway he had taken the precaution to look both ways, and had a clear view for about 150 yards. Coming ' out of the gateway he was travelling as slowly as two miles per hour. When he saw Jervis' car it was tnavelling at a high speed, and he did not have time to go. • right across the road so he stopped. He could see that an accident was going to happen. There was enough room for Jervis to avoid the accident by going round his car. As the result of the impact his car was badly damaged, part of the side being smashed in. An argument had ensued when Jervis maintained that he had the right of way. He had asked Jervis why he had struck his car, and got the reply from him that the sun was in his eyes. Jervis blamed him for not giving way to traffic on the right. We both agreed to ring the poiice, but finally abandoned the idea. The inspector had- told him (Wah) that he was in the wrong, but he failed to agree; He pointed out to the inspector that he had had no time to go .for ward so had stopped. ...j . To Mr. Rhodes: TJie sun did not affect me, and ; when I looked up ; the road Jervis' car was nearly on • top of mihe. If I had kept movj ing I. might haye been alright, but 1 1 was always taught that when in doubt stop. I consider Jervis, at the time of the accident, was travelling at about 40 m.p.h. Ping Ching, who took the oath by the blowing- • out. of a match, said he was a passenger in the car, and considered Jervis was to blame. Wah, on emerging from the gateway, did so at a walking pace. He first saw Jervis' car when it was about 100 yards away. He realised an accident would happen. Mrs. Ching gave corroborative pvidence. Lily Leong stated that she went to ring up for the poiice, but later was asked not to do so, as it was expected the matter would be amicably settled. She had heard Jervis say the sun was in his eyes at the time of the accident. The magistrate, Mr. A. M. Goulding, considered that Wah had been negligent and had no ! reasoable excuse for causing the accident. He gave judgment for defendant, with costs £6 13s. A counterclaim was abandoned, no costs being allowed. i