Untitled

Hokitika Guardian, 22 March 1923, Page 4

To Air .Murdoch—lie was not interested in the ease in any wav.

I Frederick John Archer deposed lie | was aln lion rt-r at Hokitika. Aliont I! I ]).m. on 7tli December he was on the. | footpath in Stafford Street. He h.'"' ■ just crossed the railway line. Saw a I motor car come along the street, across iho railway crossing. The car turned 1 the corner at the Central Hotel, taking * it with rather a wide sweep, in fact Ihc did not think lie wa- going round the i oriter hut an. con tinning on up {Stafford Street. The ear was travelling rather fast, he could not say the speed. ■ ft was not necessary to take such a | aide sweep to go up Fitzherbert St, There was about IA feel between the J ear and the corner. * William Farrar deposed lie wa- an a< - I fountain ol Hokitika, tin Dee. 7th. J lie rang up for Cloiueniear about J II p.ne Ile came flow n I'it/.liel h; rt St. | in I i"- ■ r on ihe proper side. Saw • light' ol an approa. lung ear coming j toinid ihc It took a fairi.t v. id> -weep ! I•.• lights appeared m J tile miodi, >) iho n .01. \ erv fpiiil.lv 8 i He' !- -in iDf light;, the eollisotl on J eorred. His ear was going tail'll slow. ) Couifi no! lo." in aip. idea what pare it rr. going. “ ’ ' i V. right deposed he wits a . y*. ar s’ experience. (11l |)ee 7th lie had I iif• i li.nl any drink. Went to .Mi - ~ j ' ■ all ■ private house am) picked up a • | .eg r. ('••;me down Fitzlierh, rt Si. I to ■. here tiit* aieuieiit oeelirreii. Came , d<o". uonl is proper -tde. Saw a ear I coining towards him. It was \ do's * end a heavier one than hi> own. lie J \.:i- about ill fe.t front the point ol 1 lollisi'in wh -ii A tie'- ear mine round j| the corner, lie was then on hi- proper I side. Had two lights liiirniug. Start, d the machine at Alis.s MandTs. (loth 5 lights wem then horning. The lights » rn his ear were not nearly as strong af Vile's. The other ear came round v. r,i £ wide. To avoid an accident he pulled ■ lo the right. A'de's lights were | dazzling and w itness could not se ■ a w here A (le was going. The other oar | went well over on its wrong side. The “ accident, occurred less than a chain I from tln> Cent nil Hotel ioi lier. Johnti- * sou's lights eamo ri<glu in his taco, when lin Filzlierbert St, and they dazzled witness. Those lights indicated A'de’s ear | was on the wrong side. lie then ronf siderrd lie was in danger and he pulled c te the right, because the other ear was I on the other side of his. The accident “ would not have happened if Johansen J had entile round the corner within .'! or ■ I feet of l lie hotel. When the ears I met the front ol his ear struck l.la’ j other ear on the right front mud-guard 9 The lore.' of the impact pulled In- ear 'j right at loss the road. The position • was dill'cront from when the ears lir-t I sir ink and when the Sergi them. He eeitisdered Y do's ear was travelling ‘JO miles an hour coining round 1 1 corner. Shortly after saw Scrgt King. Said it would lie a lesson for Johans-."! not to drive so fast round corners. S Johan-eii mid the. Sergt. he was driving 'j about lo miles an hour. The ■ , lf'V' , of the lights was on his eves for a i| eoiiph* of second-. a second anyhow. I lo Air .lover A lie's lire; lour light- | lie came into Fitzhrrbrrt Street rn hjwrong side and then swerved on to | hi-- right side. Witness pulled to tie 8 fight bemuse if he had gone straight j ahead tin would have hail a heiel ■" i colli-loil If* " (I’lid not see weal ! Jolian-oii wa> going to do. Il .Inlnn-cu iuul i iuii" round the corner on I ■ I proper sidi- mi aeeident would haw a. - 1 eiirred. AVitnoss' ear skidded a'.. >ii ' three feel. | Witness was examined a- to mi-bap-I on fftira Corgo. | To Air Al urdeoli He knew the speed j b'lii's ill Ibe town were iwelve mihj ' u boiir. am! in llcvell St, S miles, j Oswald Horton deposed he wa tin , aeeoinitant for Clement-' Alotors |.i I. I at Hokitika. He gave no authority lo * an outside linn lo carry pas-engor-. ! When !::• heard there were extra pasI sengei's he sent out another ear. This j went out hut returned empty, the pa~ j songers having rnme ill by'another i■ r. Stanley Bassett. deposed he was motor engineer of Hokitika. He slat 7 e<l the priies charged for repairs were This was the ease for defendant. At.- Murdoch addressed the Court holding that it was A'lb-'s driver’s negligence that can-.eil the accident, and it If were shown that Cleinenls' driver flid something ns u result of the action of Johansen, that may hate assislcd in the aeeident. that >Ii•! not make him liable. I! is Honor -o id it in a posjt ion ol peril eaii-ed by cue person, another I ,'rsou w ho ai ts in emergency, or even in error, could not he hold liable. Air Joyce agreed that such was 1 1 1 . Air .Murdoch submitted Hint the dangi roils position Was eroaied by Johansen himself. [■ Air Joyce addressing the Court held that the plalntilf A'de. had proved hilime and that the evidence of Wright for the defence had not been supported. ]!.• referred to the evidence at eonsiderah! length. Til E JUDGMENT. He Honour, laking lir-t the ease of Aib v. ('lemenls. s;d,l \ hough r ‘pie I": £1 2- S.I leid been tendered amt returned pl.uinlifl' was in his legal rights though il was not common Usage. Plaintiff was entitled to the £‘l JRs Id claimed. In the claim for £!i for conveying a ear load of passengers. he was unable to find the driver was the agent of bis emnloyer. in so-far as to transfer trade and in default of proof of agency was not entitled to .judgment, though he had no do'ihi that Clements Motors Ltd will considered the moral aspect and do the right tiling. The main claim for C'73 Ifis fid for alleged negligence must he tb’eir!''d hi the -nine taels as the ease of Clement*, v. A'"!"', claim for £2lB for damages through alleged negligence His lloiior continued that lull evidence had been given, which had to be divided broadly on the r|uestions ol probability and credibility, lie accepted the evidence of Sergt King whose position imposes on him the taking of careful reports of facts which come under his observe! ion. Ho supplied a plan in which iho position was accurately marked but also stared there was eon-idvr- •' le ne cement after the impact. 'Jaki"g King's .statement a- correct he found that the evidence of Johansen I *nd those in the ear was inconsistent end be wa - U‘;i mvn (red to accept their statement-. At this point lie wished to point out rh-it he found that passengers in vehicles unconsciously tended to identify their opinions with their drivers anrl in refusing to accept their evidence one does not attribute coti--eiotis mis-statements to the witnesses. Ilis Honor continued that he was satisfied with the evidence of W"rg t King, and of Cooper and Archer that the driver .lobaiisen did not cut tin'* corner elos.", tint swung out wide, and came into !• itzherlKi't Street on the right side, and that hi- lights of full brilliance were dazzling. He had no , doubt that Wright was confused !»v the , light anti took what he thought was the best course in the emergi lley. He ' accepted the evidence that placed < Johansen on the wrong side of the road, and considered that AA right* took a -tot> tit at might have nvoidod.au ae- . oirlent. When Johansen was on hi= . right, side. Wright was called on to net I instantly, and was not to blame if the i result turned out disastrously. He held that Wright and hi- principal were ’ m

not deprived of the right of action in ; what he did. 1 His Honor therefore found that iu the ease of A'de v. Clements, plaintiff i was entitled to judgment for £4 18s -Id. ' In the ease of Clements v. A'de. judgment- would he for Clements, but he was not satisfied on the amount of depreciation of the car as claimed. Judgment would he given for L'UU for plaintill’ with costs according to scale anil an ! extra allowance of tH Ss for the second j fitly. diskur-emcul.- and witnesses expenses to lie tixeti hv the Registrar. I In the ease ol Able V. Clements, juilg- | men! would he lor L'l IBs -Id with di-- | hut s'incuts mid costs m cording to the i Magi-trate's Court scale, without witjin - M "s' expenses. As tin 1 deloiidnnts I (( lemenls) had .substantially succeeded 1 time were entitled to costs, tbl Us. he- | ing allowed and £1 Is was also allowed I for fees iii ronneelion with the reI moval of the ease from the .Magistrate’s i ( curt to the Supreme Court. (ITHF.I! BUSINESS. : \Y T\ Warren and A. AY. Dowell v. j 1 ?.;' hi■ I Alaiull and others, for a liianj damoii.s !'iu bidding the sale of the (,'eiiI tritl Hotel. Air .Murdoch stated that it had been j agr. '• ! io stihmil the accounts in eon--1 lie"'! ion with the ease to Air A. IL King. :nant • and at next sitting of the i ! nun to argue certain legal paints in .•I a ."tioii therewith. Air Joyce, lor Mr Hannan, endorsed the agreement. , ||i- ID accordingly adjourned the bearing to next sitting. APPEAL. !■' C. .Marshall v. Jane iiaird. d.imI age to hull. An annul from Alagi-- | ! rate A! Idrnm's fl 1 ion. in lavour "ii (iefeiiil.'iit Mr Murdoch lor appellanl I Ala r- In.! 11 and Mr l *:i 1 1 1- i-im for n 1 -I oiidellt. 11 was agreed that the hearing h • adiourned to ( uri-iehuri h mi a ilate iu be set down for counsel to argue the appeal. 'I his • (included the sitting- and 111I him,ill left bis -eat at it p.m.