SEQUEL TO COLLISION.

Hauraki Plains Gazette, Volume XXXX, Issue 5397, 8 March 1929, Page 2

SEQUEL TO COLLISION.

WOMAN DRIVER SUED. NEGLIGENCE ALLEGED. A claim for £343 13s damages in respect of injuries received in a motor collision was brought in the Supreme Court a.t Hamilton yesterday by Albert Hargreaves, carpenter, of Paeroa. The defendants were Percy H. Saxc.n, fanrner, of Tatuanui, and Eva Grace Saxton. The last-named defendant ha.s, since the institution of proceedings, been married, and is now Eva Grace Bell, wife of Robert cly ve Bell, farmer, of Orini. The statement of c.laini set out that on the night, of June 11, 1927,. plaintiff was riding a mater-cycle along the main high,way between Tatuanui and Waihou, towards Waihou, when a motor-car driven by the defendant, Eva Grace Saxon, collided with itPlaintiff received a fractured leg and liis motor-eye,le was: damaged. Plaintiff bad been confined to hospital for same weeks and incapacitated: from June 11 to January 23, 1928. He alleged that the female defendant was the servant of the male defendant at the time of the accident, and that she drove at excessive speed on the wrong side of tire road, with only one headlight burning.

Evidence was given by the plaintiff that at the time of. the collision rain was falling and it was. dark. He saw defendants’ car approaching when it was about half a mile away, but until he was close he; thought, it was a motor-c-.vc.lc. It was then too. late to avoid a collision. Hadi the motor-car been a motor-cycle, as he thought, 1 here would ha.vc been sufficient- room for him to pass.

Mr Mahoney applied for a non-suit-as there had beqn no evidence to connect cither Mr Saxton or his daughter with the accident.

His Honour, who decided to reserve tiie question, said tjhat. in opposing a certain clause in the statement of claim/for damage,s the male defend.ant had admitted bis connection with tiie accident.

Percy Henry Sax ten stated that it Was customary for his daughter to drive his car. When he tested the lights the next morning lie found thorn both working. He had beqn told that one ctf the' motor-cyclists had stated within hearing of the occupants of the car that only one head'light was burning. The c.ase wa,s adjouijned until tomorrow.