A COLLISION CLAIM

Hokitika Guardian, 23 October 1930, Page 5

A COLLISION CLAIM

At the Magistrate's Court to-day A. B. Spiers (Mr Park) claimed from E. B. Roberton (Mr Tracy of Christchurch) £163 4s 4d for damages caused to his car in a collision with defendant on tlie Christchurch Road on March 27th. The evidence of two witnesses had been taken on com mission at-Stratford. • Mr Park led evidence as follows:--

Gilbert Joseph Martha gave evidence that he was a licensed motor driver, employed by Mr Spiers. He was 25 years of age. On 27th. March lie left Kumar a. at 10:33 a.m. for Wainihinihi with the mails, arriving at 11.15 a.m. Picked up a boy Teem at Tracey’s, two miles from Wainihinihi. Got the mail and left for Kumara at 11.30. At Rocky Cutting there was an accident between Mr Roberton’s car and liis own. This was a mile away from the nost office. The ear could he seen from Traceys about 7-10 of a mile above Rocky Cutting. First saw

Roberton’s car when about two chains

away. He had not reached the danger signal. Witness was going at 15 miles an hour. When lie saw Roberton com-

ing, left the road l and was off it a chain when Roberton struck him. The point of impact was 1 chain 56 feet from Jffie danger singal. He had almost stopped when the impact occurred. Defendant was doing over 29 miles an hour when he first saw Roberton who was on the right hand side of the centre of the road, on his wrong side. He appeared to be going faster when he passed witness that when he first saw him. Witness pulled up when lie saw Roberton. travelling between 15 and 16 feet. ' He pulled right into tb° water table. The ground was soft where lie went. His car was pushed up against the rock wall. His mudguards were torn up, and running board bent up. The wheel can was torn off and dumb iron bent on the side where it was struck. The axle was bent on the side where it was crushed against the bank. The wind shield was a total wreck. Roberton’s car struck witness. If Roberton had been six inches further out lie, would have passed.' It was 9ft 6in from liis ear to the fence. He measured this yesterday. Also took measurements the day after when Mr Sloss was present. Roberton and Richards came back aftfii* 1 the accident and witness told them to look at the marks of the two cars. Roberton did not attempt to stop: Roberton took witness to Wainihinihi where he rang up for another car. Then- walked back to the scene of the accident. That day went out with Mr Slow- Witness sounded his horn as he approached, and on the bend. Consider Roberton kept liis foot on the accelerator and not on the brake. There was plenty of room to pass witness’ car. Four other cars did so later. Roberton could have gone out another four feet with safety. To Mr Tracy—Had been driving on the road for IX years. There was no hurry, He was not late, There was nothing to worry him, He was going under 15 miles round the corner. Witness was on his left all the way. When he saw Roberton lie pulled into the water table. Witness stopped within 16 or 17 feet. After, the accident went back to Roberton’s car. Challenged Roberton that lie was on tile wrong side of the road. Did not say to Roberton that he would not hear anything more of it.. After the accident Roberton’s car travelled 50ft. before it stopped. Did not strike the tank before the accident. His car was oft. oin. Roberton’s was sft. 9in. Metal road 9ft. Gin. Off the metal on the left was passable by ear about 2ft. Gin. and on Roberton’s side off the metal about 4ffi. Roberton therefore had lCft. 6in to pass in.

Gerald Steen gave evidence that he was with Martha in the car when he came to Rocky Cutting and saw Roberton’s car coming. .It was then about l.| chains, away on. the rock side. Martha pulled into the water table on the left hand side. He was just moving when the collision took place. Roberton’s car went about 8 yards past.

To the Bench.—Roberton’s car was on the rock side and did not pull over to the left. It did not appear to slow up the speed. Alex B. Spiers gave evidence that, he was a motor owner at Kumarad Murtha was employed to carry the mail. Saw the damaged car that night. The car cost £3OO. It was a Dodge the last 4 cylinder car that came out. £SO was claimed for depreciation, £2O for loss of use and £93 4s 4d cost of repairs. Thomas Bnty, garage proprietor gave evidence. It was a 27-28 model. It was worth £250 before the accident and after repairs about £225. Molly Griffin residing at Tracey’s gave evidence that she was at the scene of the accident. Martha’s car wheel marks were for a good distance along tho water table. Saw Roberton’.s car pass Tracey’s.

Gerald Fitzgerald gave evidence he was a farmer residing on Christchurch Road. Went to the scene of the accident. about an hour after. Saw Spier’s car. It was up against the rocks on its left hand side of the road. It was about a chain from where Spier’s car had left the road. There was a turnout at the danger post. There was 3‘T. 6in. to 4ft, to spare for a car to go past Spiers and to he safe. To yi> Tracy—He paced Oft. from the impact to tine edge of tl4e road. Borncrd Teen gave evidence he saw Spier’s car coming and Roberton’s passing Tracey’s. Alfred J. Sell loss. traffic inspector, gave evidence. The marks of Spier’s car showed the wheels had run for 25 feet in the water table at the point

of the accident. There was plenty of room for two cars to pass. There was about Bft. 6in. clearance for the ear. This was the case for the plaintiff. Mi* Tracy opened the case for defendant and referred to the evidence taken at Stratford. The Court adjourned at 1 p.m. AFTERNOON SITTING. The court resumed at 2 p.m. After hearing further evidence (to be published to-morrow) His Worship gave judgment for plaintiff for £IBB 4s 4d. Court costs £4 11s. Counsel £lO Os (Id and witnesses expenses to he mutually arranged by the parties.