LORRY AND CAR COLLIDE

Dominion, Volume 20, Issue 65, 10 December 1926, Page 17

LORRY AND CAR COLLIDE

A CLAIM AND COUNTER-CLAIM. A collision between a motor-car and a motor-lorry on the Evans Bay road on August 24, le.d to proceedings in the Magistrate’s Court yesterday, when Henry Bamfield, and Henry Lavyitz Homes, builders, of Lyall Bay, claimed £129 Is. damages from James Frobisher, hotelkeeper, and Mrs. Amy Dwan, both of Wellington. ' Mrs. Dwan counter-claimed for £2l 14s. 6d. Mr. H. F. O'Leary appeared for plaintiffs, while defendants were represented by Mr. W. Perry. The case for plaintiffs was that they were driving a light truck slowly along the Evans Bay road at about 5 p.m., and were nearing the last bend, when defendant’s car, apparently out of control, and skidding badly, approached at an estimated speed of 35 miles per hour. Although the truck was driven as far as possible to the side of the road, the car collided with it on the right hand side, and caused considerable damage. Homes in evidence said that Frobisher saw him the next day, and said he had ascertained that repairs to the truck would cost £5O. He offered £25 in full settlement, saying that £25 was all he had in the world, as he was only a paid hotel manager. This offer, however, was refused. Herbert E. Rodgers, foreman-mechanic at the Ford Sales Service Garage, estimated the cost of repairs to the truck at £49 14s. 4d. The work had not yet been commenced. Bamfield, the other plaintiff, corroborated the statements made by Homes. He said the the impact had thrown him out of the truck, and he had been unable to work for a fortnight. In evidence for the defence, Mrs. Dwan said that Frobisher had no liquor during the time he was with her on the drive, from 2.30 p.m. to the time of the collision. They were travelling quite slowly when plaintiffs’ truck was sighted on the middle of the road. Despite the fact that Frobisher kept over to the left, a collision could not be i voided. Rennie Adams, a motor mechanic, said that he examined defendant's car about two hours after the accident, and assuming that the car had not been shifted, he would be of the opinion that the lorry was in the wrong. Frobisher stated that hie car was only travelling between 15 and 18 miles per hour when the accident occurred. Although he did his best to avoid an accident, it was impossible to escape collision. The Magistrate (Mr. E. Page. S.M.) adjourned the case until this morning, and said he would visit the scene of the collision in the meantime.