CLAIM SUCCEEDS

Evening Post, Volume CIX, Issue 39, 15 February 1930, Page 14

CLAIM SUCCEEDS

DAMAGES'AWARDED

Tlie case in, which Esther Florence Coles, of. Paraparaumu, claimed £397 19s damages from Thomas ; Henry Johnson, storekeeper, of Levin, was concluded in the Supreme Court- yesterday afternoon, before the. Chief Justice (Sir Michael Myers) and a jury. The action was a, sequel to a collision which, ocurred near Paremata between a car driven by' J.- Martin: and another driven' by the defendant. Mrs. Coles was a passenger in the former car; Mr. E. Parry appeared for the plaintiff, and Mr. V. C. Spratt for the defendant.

The defendant said that just before the accident he was driving approximately in the middle of the road. He had reduced speed to. about 15 miles an. hour. When he first saw .Martin's car, it was on its correct side about a chain and a. half or two chains away. It swerved towards the baiik, and witness-also pulled-over tp the left. When the collision', occurred; his car was practically at a standstill and the brakes we're hard on. l^egarding the suggestion that h» had put oiit his hand approaching the point of collision, the witness said that ho had both hands on the wheel throughout.- , v ; •' ■■■■■. To Mr. Parry, witness said he cpuld give no reason for Martin's to the ' "If you were on;the \vfohg : s'ide.-ot' the road, that would give a reasoii, wouldn t it»»__"Yes." Witness denied that he had gone ■ over to his wrong side before the bend in order to get round more easi y. Mrs. K. Johnson, sister-in-law ot the defendant, said that she was a passenger in his car when the accident happened. The other car was travelling at ajugher speed than was usual for corners. No one in the defendant's car put out a hand while Martin's car was in sight. . _ The defendant's wife, Mrs. E. M. Johnsen stated that for some distance before the bend her husband's car was_ on its correct side. iThere was.no need for Martin to have, crossed over; there was plenty of room for him' to pass- on the correct "The jury,-after a retirement of twentyfive minutes/found in favour of- the plaintiff, who was awarded £297 19s. .