SUPREME COURT.

Hokitika Guardian, 21 March 1923, Page 3

SUPREME COURT.

SITTINGS AT HOKITIKA. TUESDAY. MARCH 20th. (Before His Honour Air .Justice Adams) The Court resumed at 2 p.m. CI.AIA! FOB, DAMAGES Clement.-. Alotor.s Ltd v. S. E. Yde and S. F. Yde v. Clements Motors Ltd. This was a. claim for damages to motor car 0218. with counter claim. £B4 14s 10<l. Air Bark, with him Air Afurdocli. for Clements .Motors Ltd., and Afr Joyce for S. E. Yde. Air Joyce said the subject for enquiry was simply a question of fact as to who was responsible for the accident . The following evidence was given. Samuel Yde deposed be was a carrier and motor-car owner of Otira. Ilis motor-car driver was Victor Johansen. On Dec 7tli. 1922 lie ivitj the owner of a 7-seater Studebaker car. Victor Johansen was the driver of the car. On Dec. 7th. saw the car leave Otira between (j and 7 p.m. with 7 or 8 passengers for Hokitika. Did not see the car after the accident till it was repaired. He claimed for damages to car. and the repairs necessitated by the accident : also for lares of passengers and for carriage of goods, lie was claiming £2O for depreciation of tar. ft was practically a new car when lie got 't and now alter the smash ho thought ils value had depreciated by £OO to £,O. It had only been in use a lew days alien the accident happened. Had lost two trips to Kanicri Lake and turnings of £l2 a trip. Car n;i- laid up for a fortnight. Raid the driver £5 a week. To Air Bark The parts ordered took 7 or S days to conic from Christchurch. He returned a cheque fruni Clements for £1 2s Id. There was no objection to till' cheque, hut lie wanted the whole amount of his claim paid in one. ihe

e;ir had dole- about 12.000 miles. To .Mr .Joyce—Ho paid £oßb for the car. Victor ,Johan-on deposed lie was a motor ear driver employed by .Mr Vde. mliered Dee. 7. C'lemeiirs' driver a-hod witness to take a load to Hokitika. Said lie could do so aider (i p.m. I.ougher cime and said the passengers would wait. Took 7 passengers to Hokitika. Tiny all handed witness Clements .Motors tickets eac h representing 30s fare. Took the tickets to Clements garage and was. told Mr Clements would pay. Alter S p.m. took a trip to Ivanieri and got. hack alter 0 p.m. Was in front of “(Innrdinn” OH’e-e from lu p.m. till 11 p.m. Then left with six passengers—'Wood tie rry. IJergst rum. AVills. Glass, Carter and Cairley.

He intended going to Carter's place. Went round the Railway Hotel corner, on to Stafford Street. Was going between 10 and Id miles an hour. Then turned into Fitzhorhert Street, about 30 miles an hour. Kept on left-hand siltle of the road. As soon as lie gol round the collier saw another car coming in liis direction. AYitne.ss was on his proper side. The other ear was in the middle of the road. When near each other witness pulled further a, ro-s at right angles on to witnes;' car. If the other car had kept in the centre ef the road there would have lawn plenty of roam to pass. The other cm was carrying one headlight on the right hand side. Witness had two headlights. The other ear rail into witness, striking his car on the right wheel, head on and buckled the I in into the engine, Kent the axle eln-e to the l.tlli between tile spring am! whec l Bulled the car up as soon as the olio ; hit his. Put on foot and hand brakes. AYright was the driver and Clemenis Motors Ltd. the owner. Wright attempted to pull the car hack and he told him to leave it till the puli'.■ (aim*. Shortly after Scrgt King and Const. Best arrived. The cars tin'll had not been moved. Bergstrom cod Afills were on the front s"at with witness. Examined the ear and then took it to Wild and Bassett’s. Had troipJ" to g< t there on power owing to i! " sic ring gear having jammed. Tie* mudguards wen* badly I it* n t and al n Cm steering knuckle. Instructed Air Das. sett in effect repairs. Have been driving motor cars since 1911. Was off work for a fortnight while repairs wee being effected. Had been instructed to gc hack to Otira to run two trips to Lake Kanicri. Nearly all the damage* had been replaced by new parts.

To ATr Alurdocfi—He left Otira with 7 passengers between 0 and (>.30 and arrived at Hokitika between 8 and 8.,'D1. The Borough Inspector had warned him unco for fast driving. It we..- a long time ago. No mu* else had warned him against fast driving. Air Clemenis never warned him against fast driving. Remembered Afr Clements leaving Christchurch on the last trip he drove for him. He left about ball an hour after Air Clements who had two passengers. AYit ness had six. Caught up in Air Clements at Porter’- Pa-s. lAbOn - had a non-stop run. Clements did not speak to him about it. lie left Clements the following day in emiscquoiicc of something that happened ri Ch'istolnireh. He had -topped of an hour at Boa ley for lunch. He did not average over 30 miles on the flat, or 25 miles ail hour over everything. So la; as he knew his pa -wigi r- did not complain to Air Clemenis ~f hi- (wstlie.-.s') furious driving. On the evening of the 711 i was at Airs Ola-s' hotel, whore he stayed. Young Oh;— was a op m toe li-etisee. Carter, who wa, in the car lives near Bergstrom's, and Be agstrmu's mother has an hot**!. Berg- ■>m was perfectly sober. No one in tl* t :*.r had any drink ill witness' company. ,’i k"d those in the car up in front of Cm ‘•Guardian” Office. Carter said come

!?]> for supper and he told them ‘'’tret in ;t 11 (1 he would (Vive them r i. I hie was between 11 and 11. Id r.m. ft wa, ,!;,,•!< nod ’.vet ■:ml the roods were very <.r;imv. He did not tell Sere; T\in;' h vent round tile corner at the Central lintel at 15 miles an hour. Ho went round tfhe corner about 10 miles nn hour. With Scret Kins he looked for the wheel marks of his car rounding the corner hut they could not see them, lie did not look for the marks nl the other tar. After leaving Class’ Hotel he went up Novell St. to Keller’s Hotel and down Wold St. to the ‘•(lunrdinn Office. Tie did not stop on the «a\. oi pick anv one up. Was outside the ‘‘Ouardian Office" al.nnt an hour. in the car all the time. Was about an hour outside the office before the men out in and they went away. ''oodhurv was a. steadv mail, who does not drink. There was no one in the ear till he met to the ‘•Uuardin.i Office 11 n „v one savs that in going out of Stafford St. into l'itr.herhert st lie siuniit out on to his wrong side, then he wrong. iiK evt Victor Bergstrom deposed ho was a motor driver of Hokitika. On 7th Dee. about 10.30 or later he we t over to .lohansen s ear with C C.me There were also Perlinm. \S dK.„,tl Woodbury. T.eft m the (>». ‘ inrl turninsi into Fitzherhert St went ' . t when the smash oecur:!.'h and the cars stopped. Johansen kept to the left side, am! then tliey o ,v the light of the other car. Time were m>in" about 15 miles an hour, at ■err slow pace. He only saw one iieht on Clements’ car Johansen had two headlights. Wright seemed to be coming down the centre of the read ~nd when .lohansen 1 out to t-0 left, the other ear seemed to follow

him over. The cars struck. Both hit • at the same time. Wright's car hit I Johansen by the right wheel. . The i ears were in tho same position when i Sergt King came along. . To Mr Park—lt was about o to !1 when they drove past the Town Clock. Mac! no drink after ho left home that night. When they saw the ear coming j it was 30 to •!() yards away. The ilu- ' pact happened within a minute. Fie might have .said to Sergt King when he was enquiring about the accident that they were riini’big 17 miles an hour. To Mr Joyce—He was quite certain Wright camo from his right side on to his wrong side. Colin Glass deposed he was an electrician residing at Hokitika. He remobered election night. Saw Johansen between 10 and 10.30 in Weld St. There were six in the ear. He wa.s asked to gel in and they said they were going to Carter’s for supper. They went round the Central Hotel corner at an ordinary speed. The car did not sway. Did not see anything hut a light and then the hump came, lie could not say what was tlie cause of tho accident. Alter the accident two wheels of Johansen’s ear were on the grass and two on the road. Crosby Peril inn deposed he was a bans clerk. He was at the Pioneers’ .Monument corner on election night. He saw Johansen’s car go round the corner at about 10 to 15 miles an hour. They went round the corner and then on to the grass. Saw another car coming south. It was in the centre of the road and turned to the left and came across tin l road and ran into Johansen’s ear. (Valid not say if the latter had lights nr not. Johansen's ear after the accident was facing up the street and Clements' car uas at pracl u ally right angles. To Mr Park-- He heard .someone say the ears had skidded n good distance at the time of 1 lie accident ■ The Cun adjourned a o.'Jll p.m. (ill next dav .it 10 o’< leek

WKDXKKBAY. .MARCH 21st. His llonr took 1 1 is. seat at 10 a.in. Kric Woodbury deposed lie was a miotor mechanic' employed by Wild and Bass-ctL Hokitika. On election night met Johansen at the garnyc. Went with him to the Guardian Office” in his ear. Picked up Blass dime. Already there were others in the ear. Went towards the Central Hold. Tiirnine; into Fitzherborc Slrect, kept lo the lelt. Saw another car coming. Could not say where .Johansen’s car was. it seemed to he in the centre oi the road, lint when, lie got out found they were on the side ot the road. Was dazzled by the light, of Clements’ ear, ami them I dl the impact of the Iwo ears meeting, ’i do’s car was on the side of (he road, and Clements’ car was at nearly i-fullt angles. I dc\ car fore portion was on the grass will) one or two wheels. Clements’ ear was nearly at right angles across the road. Yde’s ear wa s struck on the steering side by the front mud guard, and bent in and the steering gear was damaged. His firm effected the necessary repairs. To Mr Murdoch—l lc got ill I lie ea ra t I Bassett’s garage. Johansen iva, wrong " hen lie says witness did not get in there. The car slopped at the mirage aucl witness got in at someone d.-ds invitation. I here were others, in the w'!' then. Tln-v were Bergstrom. Wills. ( arter. and John men. lie was (|iiile dear about n. Tea vino Hie garage the car came down Hamilton Street. up T’liirrrd St to the left, and then to Ike right to the “C.nnrrlinn” Office. The car did not miss Keller’s Hotel. IV. his Honor.--Witness did not until e !ii|nor on Berg -1 nmi. lo Mr Murdodi. —Witness' stale incut was eorred. He had no doubt of iw During the ht.nr at the "Ouanlian” Odi-e he sir Johansen near the oir, talking to various people. Clem g.u in the ear at flic office. After leaving they went dose to the corner at the Railway Hotel. Tn turning into Slaf'Vrd St. they swung well out to the hit. Was not sure what curtains were co The pace , rossing 11>e railway line was alinui Id to 20 miles an hour. Had the idea Johansen turned Jin corner in the proper way. Then lie saw him poll : 1 - Kind-brake. Think lie blew his horn before turning the corner. To hi- Honor.. He was dazzled by Clements’ lights. There could be a dozen for all be could tell. He omlil not say what lights were on Yde’s ear. Charles John King deposed he was Sergeant of Police al Hokitika. < 111 l)e. Till lie arrived at the scene of the motor accident at lI.Id p.m. lie found

t .VO iiiot'ir cars !tII• k 1-t! together. One was driven In' Conroe Wright (Clements l.ld). and tin- oilier liy Victor .I< > 11:111~i "i i Vile mid Co). Ydo’s cur mus <-i si •£ north, anil Clement-' enr was south-west. lie produced n plan made liy liiniseir when lie mnde liis report shortly nftorwards. The di-tiincc from the eoriier of the lootpiitli at Central Hotel to (-('litre of Vile's enr wa - wilt. The front near side wheel of .1 elmn-en's ear was on the crass and the ot’e-i- on the metalled road. It appeared to witness from the first jilant-e that Wright ear had either got- eonfused or something had gone wrong with the si-'or-ing gear. Wright's ear and Johansen’s were locked together. The nflside from wheel of Wright’s ear was hard tip against the hack portion of Jolum.-en's front mud-guard. The near side front wheel nl Wright’s ear was lose against the running hoard on the otlside of Johansen's ear. There were tracks of Wright's ear coming towards town on his proner side. Could lopnw his swerve to the right for about a couple of lengths hack, perhaps three. There was a noticeable skid by Joliiisen’s car towards the Central lie'. T nod a skid hack by Wright’s ear. it Vi;'., impossible to see the tricks at .! nianson’s ear. That night there had l.een considerable rain and a consider-

able number of people tramping round s. that hr could not trace any doiintto He interviewed tlm driver-. {tot!l were sober. Bergstrom was noi the soberest of the crowd. He could answer questions well enough, but smelt stronglv of liquor. Wright said be bad. picked up Mr Harmr outside .Ml". Mandl’s to bring him into town and alter starting lie considered he was travelling at 10 miles an hour. t.e saw a ear carrying brilliant 1 - l > ' swine round Central Hotel corner, we lont into the street. It gave him the imntV'sion that the ear was going cO continue on on its wrong side and to avoid it he swung on to Ins wrong s too late to avoid a collision. He said the lights had'confused him He said perhaps if bo bad kept on hw right 'id. ho might have avoided it. >• bahts being brilliant tod the >ngh 1 1 :izy. lie (H)iiia not toll t\ lnoh \\n> »><- was «roinc: to coino. , , , Wright said he thought lie had mo Indus Witness had the 1>- «' l ‘-s.ed I adore the cars were taken apart Wieht, had one m good order and Johansen had four. There were no ‘'to'mx Murdoch —The front wheels of Johansen’s car were b feet closer to , than the rear wheels. When'ho" spoke of skidding he meant t ha Johan sen’s ear had been pushed toward- the footpath and \\ right s car to the north, as affecting the front cc-Icods This would affect the position f t,nth cars The position of Johanvfconsidering the skid would bo consistent that his car swung wide out to the right, when coming, into Fitzherhert Street and would lie liiron-si-tent with his coming round dose to the corner. Wright's cur track was clearly on his right side coming down

t ( the road, giving plenty'of room for 'ant. j other car to pass. He spoke of exj perience of meeting dazzling lights on i a bicycle, it was practically blinding. When he interviewed Wright, Johansen was present and could hear the inter- . view. Wright said Johansen was driving very fast. Wright and Johansen I were together while being interviewed. Witness smelt liquor on Johansen. On ' Bergstrom the smell of liquor was very 1 pronounced. Heard Johansen swear he had never been warned by the police for fast driving. That was untrue. In Oct. 1921, witness had personally warned Johansen for reckless driving. It .was a serious warning. In company , with Johansen and a constable he went to where Johansen considered lie took the sweep round the corner. This was 12 to lb feet out, but the marks could not he discerned. | To Air Joyce—Johansen said he went round about 15 miles an hour on his proper side. He said he saw Wright's car swerve and lie swerved still further to avoid it, and pulled up immediately. Could not swear Wright had no drink that day. Had seen lights dimmed ill Hokitika, hut it was not the usual practice here to do so. Wright had no dimmers on. j This was the ease for the plaintill. For the defence the billowing evidence was led : I Sidney A. Clements deposed lie was manager of Clements .Motors Ltd. He gave no instructions tn Yde to bring passengers down, ft was nut the practice to do so. They sent out another j car when they found out there were more passengers travelling. Had not j received any account for carriage oi i passengers and had never re I used to pay. Wright was his driver, lie was a thoroughly competent driver. Johansen’s car would he I to 5 cut heavier, than the car Wright was driving. Four dnvs should have been ample In repair Abie's car. Considered Hie depreciation I of his ear was from £l5O to £2OO. Mis car got the brunt of the collision. • Cannot get parts required and they have to lie made. He claimed a total of £2lB. Johansen used to he in his employ. He was discharged for reckless driving and drinking about November last year. On the occasion when Johansen drove from Christchurch and catight witness at Porters Pass, Johansen must have driven at approximately 50 miles an hour all the way. Knew of his drinking habits from him .smelling of drink. The lights on his ear were not unduly bright. A car with bright lights coming round a corner suddenly would obscure the i road, lie was of opinion find under I the conditions to come round the corner at 15 miles an hour was (no List. ! Had previously warned him. AA hen on the occasion of his catching up at Purler's Pass, warned him at Healey, because the passengers complained, j : Warned him on many occasions ot , reckless driving. Abie's lights were j ordinary good lights. ’! lie humps in 1 crossing the railway lines were also j noticeable. To .Mr Jove, Johansen was in his oioplov about 12 months. About the * !a -1 throe months witness discovered - he was drinking and driving reek- ' • lessly, j Cuming from Christchurch witness , was tin veiling 35 to 1(1 miles an hour. It was of! mile; it* Porter’s Pass. Left Christchurch at 8 a.m. Rougher was in his employ mi 7th Dec. lie was authorised to collect faros and issue j tickets. His car Dial was damaged '

wa.s an Oldeinubile. The chassis is oid of line owing to the collision. I'blb.'en miles an hour was too fast to go round a corner in any cireunislances. AYright had been in his emplo*• for about 12 months. A\ iiness was examined at length a- to the repairs necessary to his car. Alfred A. Amlrewes deposed In* was Town Clerk of Hokitika. He produced tin* Borough hye-law in reference to vehicles, not to travel at a greater! pace than 12 miles an hour. Notice ot j live-law ordering liglils to he dimmed I had not been given to Mr Able. Joseph Cooper deposed he was a labourer, re-idine at Hokitika. On Dee. 7th was at the pioneer’s memorial with bis wife, on the vtiv home. Then ! i"iril a motor car corning towards him lolloping over the railway line. AVaitofT ' i’ll tin* car reached the Central Hotel corner. Also saw o car coming down Fit zhrrbert Street which was travelling olio'd IP to 12 mil"' "11 flour. Tim car i-oiiing no Stafford Street did not turn ifll J .lot i("d"r the centre liehl in -.to .!,•.•<>• fi"! then took a swerve rood into li'ityjie fliert Street going or, f ■■ be- an ! P did not. -eon, to slow down. Do waded as lie ,o". l( u*ip|! i(. IMI, The ear ; Pc ,-.,,n0r do. ' r t I'-100 'Stafford St rid look- a. swerve mi to the grass fds- wrong side. Tin* ear coniine ,i,r-’.'t ...i f—>- - ni'H-i* ; I t d I.J-ap-'on’s cat' j lilsn tool: a swerve , , ‘t o -">*o ('’*'•-' i Ttg* car coming down Cul ivo head- I '.ol'ore he od no«" <’.n ’*’""' J .... d-. U',.,.,1 Qf root . If Dm ear eoiiiim* .... -wen-." 1 D.ei-o would la*-. Imep a head mi colli-inu. To Air Jnvoo ...TU* Knew one car wa* filing very fast, and the other wan .■mini" nnieli slower. He wax lief sure , whether Abie’s car had lights or not. j Did not see auymm else near the mono- , inent. Between tin* car and the corner • as it went round was about. 25 foot. He was practically under the light when he swerved and when in Fitzherbert Street he. was on the grass on his off • side. At this timo he was practically in Iron I of the other car. Tim ( mart ndjoU! lied at I p.m. till 2 p.m.