SUPREME COURT

Hokitika Guardian, 14 September 1931, Page 6

SUPREME COURT

SITTING AT HOKITIKA,

MONDAY, SEPTEMBER 14th

(Before His Honor Mr Justice Adams);

His Honor took his seat at 10 a.m A CASE SETTLED.

C. J. Harcourt (Mr Murdoch) v. iSamuel Yde (Mi- McCarthy) claim for recovery of £4BO.

Mr Murdoch stated he was glad to- be able to announce that this had been settled that morning. He asked that it be struck out. Case -struck <ou't.

* CLAIM FOR DAMAGES

James Cooper ('Mr Murdoch) v. C. Neame (Mr Gresson, Christchurch), .claim £IBO damages for - injury in motor accident at Kumara.

Dr Henry D. Hayes stated he was a duly qualified medical practitioner. He attended James Copper on 6th April last at Westland Hospital. He had a lacerated wound on the right leg. He was in the hospital for 29 day's. If he said he was unable to work for another four weeks after leaving the hospital that would be a reasonable statement. The wound was a lacerated one with a lot of gravel in it. He gave the anaesthetic and. could not say if the bone were bared.

Henry James Cooper said he was ‘the plaintiff in this case. He was an electrical apprentice, aged 20 years. On 6th April last (Easter Monday) had been to Greymouth on a motor cycle, his own. Arrived at Kumara. about 4.45 p.m. Doming up Beach road just before crossing main street was on correct side of the road. Saw defendant’s car coming towards witness." He was also on his correct'side when first seen. When near, the intersection Neame’s car swung out: across towards -witness and he was unable to . get out of " the way. Witness was almost across the street when Neame swerved out and struck witness when on his correct side. The car swerved before it came to the dome in Seddon 'Street. The dome is there quite prominently. Had no time to avoid the car when -it started to -swerve. Intended to go straight up Seddon Street towards Dillrnans. The car struck the cycle at the spot shown in the plan. Witness was travelling 10 to 12 miles an hour'

■'list before the impact. Neame’s car was travelling 15 to 20 miles an hour. Could not have gone more to the left without touching the kerbing of the footpath on the, north side. Neame gave no intention that he was going to turn. He gave no sign. It was impossible to avoid hun when he took that sudden turn. He believed it was the front bumper of the car that struck the cycle along the front wheel to the engine. Had Allan Parkhill on 'the cycle pillion. Had no liquor that day. Neither had Parkhill. When the car -struck the cycle both were thrown off on to the ground and dazed. Received -a cut up the shin bone of the right leg. It was very painful. It was a flesh wound, cut to the bone. Was, in hospital 28 days. It was 8 weeks before he could resume work. Worked for Gifford at 25s per week, claiming £lO '24 days -in hospital at 9s, 4 days at 10s, and anaesthetic fee £2 2s. The motor cy'cle was practically not worth repairing - It "was valued at £IOO when new and had done 5703 miles. It was worth £B7 on the day. After he returned to work used to limp and if he did any strenuous- work pained 'considerably, claiming- £SO for this. The, defendant John - Neame --was the driver of the car.

To Mr Grosson—Had had the motor cycle about a week at the time of the accident. It was an A.J.S. It was give'n as a present, by his father. It was the first he had ridden. He had ridden it for a year at intervals. It had no pillion rest for the pillion rider. Part of the time the pillion rider used the riders foot rest and part of the time he swung his legs. It gives a 1 little less control to the cycle. Agreed that both vehicles were travelling at a moderate speed. Was about a chain from the intersection when lie saw the car, which was then about 50 or 60 yards away from witness. Think the car was twice the length of the Court .when he saw it from the intersection, about 90 to 100 feet. When he first saw the car he was about 6 feet from the kerbing, on his proper side. Did not alter that position till the time of the collision. Could not sav if the car had to swing out owing to other cars. Passed under the banner. Do not

I know what was on it. The banner was about 2oft. when he dropped his eyes jto pass under it. Picked up sight of the ear as he passed the banner. The car was then still. bn its right side, i There was then no. reason for a colI lisioii. When the car started to I witness front wheel was about' l£yds. ; from the corner nearest the point of impact. Up to that time the car had ; been on its proper side. In broad day. i light Neame turned and ran witness down. He did not think it was ini' fentional. Did not swerve to avoid the dome at the intersection. Know that after the accident the car was !on its wrong side. Did not see the ' driver of the car, was not looking at him. Looked at the car. The driver | if he wanted to cut the corner should have seen witness in the way. Think it was the right hand side of the bumper bar that struck the cycle. James A. Cooper gave evidence, the plaintiff- is his son. Witness bought the cycle for iust over £IOO. It had ! done 5,700 miles. The value of the cycle at the time of the accident was £B7. To His Honor—He would allow about £l3 for depreciation. Edward C. Toohey deposed he was a 'cycle dealer in Hokitika. Cooper had) an A.J.S. cycle. When purchased it cost over £ioo. Price now is £9B. \ alued the machine now at j about £5. Consider the cycle valued at £BS at time of the accident.

- ~Gonsia^le^homais v '-3 : r- “Wiltoir i evidence he was stationed at'Kumar a. On April 6th. lie was at Kumara.' <A.t ' about 5 p.m. 'was in Main Street walking towards the intersection of Main and Seddon Streets. He could see the motor cycle approaching on his correct side, 40 yards from the intersection. He was travelling at a moderate pace. Saw the cycle oross the intersection, and immediately it had done so saw a red car coming in the opposite) direction,' cut the corner. The driver of the car was prosecuted for doing so. There was a collision. He hoard the crash of the impact. The red car was driven by John Neame. The front mudguard of the car struck the cycle at the exhaust. Run across and saw plaintiff and companion on the ground, the cycle in front of the car. Noth-, ing .could have keen done by the plaintiff to avoid the accident. He was trapped'. The defendant was 12 feet [ oil the wrong side of the dome when he cut across, 12 feet from the left hand side. Both were travelling at a moderate speed. Witness at once ■ asked the driver of. the car what he was doing there. The driver said 'he was going down home, down Main Street. Saw one motor car standing on • the left hand side of Seddon Street. Witness then asked the driver to account for liis pbsitioii. Yon were cutting the corner. The driver (Neame) said: “I suppose I was.” He was sitting at the wheel of the "car all the time. He appeared to be stunned by the occurrence. Saw himi next day and wanted, him to make a statement but he refused. He then stated he wasgoing to the station for passengers. To do .s.o he would have had to go straight on. He gave no explanation of the sudden cutting of the corner. Shortly after the accident found the steering gear was broken. Neame did not know it at that time. The impact took place 6 to 8 feet past the corner in Seddon Street on the defendant’s wrong side. The defendant was i charged with a breach of Regulation 12, (cutting the corner) and convicted and fined. Did not hear any fyorn sounded by Neame. To Mr (iresson—Nearne’:* father lives in Main Street and Neame lives in. (Saddon (Street. Was about 30ft. in ! Main Street at the time of impact. „ -Followed the cycle till it orossed the i intersection when the car came into view. It was then in the turn. He did not see the impact, the cycle was inside the car. Joshua Pierson gave evidence that he was a bushman residing at Kumara. On Easter Monday was standing at the corner of Main and Seddon Streets.-The boys fell right at his feet. It was a few minutes before 5. Saw Cooper coming on the route shown on the plan. He was not travelling fast, at q u i^ e a safe pace. Saw Neame coming down Seddon Street , about the centre of the road. The cycle was crossing the intersection when suddenly the motor car came across as. if to cut the corner and go down Main road. Both car ail'd cycle crashed together and the boys werethrown into the gutter. The motor car did not shift 2,- feet after, the-...impact. Witness stepped -down and lifted up Cooper. When Neame started to cut the coiner there was nothing the plaintiff could do to avoid t.he_ accident. _ The plaintiff diff' not' have "time "'to',"do anything. The defendant did not give any sign that he was crossing. His son, Frederick, and Robert Walker and another were standing alongside. C To Mr - Gresson ; • Helped for.; 15 minutes putting the injured in the car. The motor cycle would be about 15 feet from ■the footpath when the car started to ■swerve. i " v , .-riThere were four men on the corner.' If two others -said 'they were there ne did not believe it. Albert Henry l’let-on deposed lie was a messenger stationed at Hokitika. On Faster Monday he was standing at the , intersection. His father, Robert Walker and a gentleman from Westport he- d:d not know his name. There was no one eise. saw plaintiff about la) yards away. Defendant was coming down Seddon St. near the centre of the road. The car when opposite the corner came across suddenly when approaching the intersection the driver of the cycle operated some lever on the handle. The impact was between the right hand portion of the car and the rear of the cycle. The car moved some three feet at ter the impact. If the plaintiff bi I gone to the left he would have run into the pavement kerb about 8 inches in height. The Court adjourned for lunch at 1 p.m.