SEQUEL TO COLLISION

Dominion, Volume 15, Issue 56, 30 November 1921, Page 3

SEQUEL TO COLLISION

CITY COUNCIL LOSES CIVIL ACTION. Judgment was given by Air. Justice Chapman! in the Supreme Court yesterday in the case of John Ashmole Taylor v. the City Corporation, a claim for JtlSl Ils. 6d. for damage caused to a motor-car through a tramcar colliding with it in Lambton Quay on July 9. The plaintiff was driving at a slow rate of speed out of Brandon Street, and attempted to cross the tram tracks on to his proper side. A tramcar collided with the motor-car, carrying iz along for some feet, and eventually jamming it against a centre pole, damaging it considerably. His Honour, after reviewing the facts, found that in all the circumstances due care and vigilance were not exercised by ‘-he motorman. He therefore found for the plaintiff. The cost of repairing and repainting the motor-car, z£l5G Ils. 6d., was admitted to be correct, and there was undisputed evidence as to the extent to which tha car’s present selling Value was reduced even after repair. He saw no reason to doubt the estimate of experts on this subject. A slight deduction would be made for the effect of a fall in the market value, and he would allow -6200 on that head. Judgment would be for tho plaintiff for .£356 Ils. 6d., with costs as per scale, witnesses expenses and disbursements to be fixed by the Registrar. ‘At the hearing Air. J. J. McGrath appeared for the plaintiff, nnd Air. J. O’Shea for the City Council.