MOTOR ACCIDENT.

Otaki Mail, 3 February 1919, Page 3

MOTOR ACCIDENT.

CLAIM FOR £IOO DAMAGES. VERDICT EOR DEFENDANT. At the S.M. Court, Otaki, on Friday, before E. Page, Esq., S.M., Joe Ropata

(Mr McGrath) sued . Lionel Graham (Mr Cooper) far £IOO .damages. The statement “of claim set forth . that on June 3rd, 1918, the plaintiff was driving his motor cycle along the main road at Otaki, when the defendant collided with him, causing personal injuries, and damage to his motor cycle. Plaintiff was rendered unconscious, and his knee was badly injured. He was taken to the Otaki Hospital, where he remained'a patient for two weeks. He claimed for loss of'Wages as a flaxcutter at 25s per day for three weeks (say four days a week), £ls; expenses at hospital, £3.65; loss of motor cycle, which was damaged beyond repair, £SO; total, £6B 6s; also £3l 14s as general damages. Joo Ropata, plaintiff, stated: I live at Manakau. On 3rd Juno last (Otaki race day) I was returning from Te Horo to Manakau on my motor cycle, and when at the cross roads near the Otaki railway crossing I uotieed defendant’s motor car. I pulled to the correct side, but defendant, instead of taking his proper side, swerved to my side, and struck me. There was no other traffic near, and even if defendant remained on the centre of the road ho would not have struck me. I was knocked on to the grass, and sustained injuries to my lip, while my knee cap had to be stitched. I also suffered greatly from shock. I was earning from 25s to 30s a day on flax contract work. For six weeks I was unable to work, but only claim three weeks, allowing as if for broken weather. The motor bike was well worth £SO, and it would havo cost from £25 to £3O to repair it; it would then not be as good as before. I suffered considerable pain as the result of the injury, and even now I suffer from my knee at times. At the time of the nceident/I was returning from Tc Horo, and was only travelling at about ten miles an hour, while defendant was travelling at from 25 to 30 miles an hour. I was thrown about half a chain.

To Mr Cooper: I am positive there was no other traffic on the road at the time—tho road was clear. Charles McCurdy Wilson stated: I am a driver. On tlio day in question I was at the junction of two roads where tho collision occurred, and I had just got past the place when the accident happened. I was with Ted Jones. I saw no other ears near. I did not see the collision, but I beard it, and later saw Ropata lying on the grass.

Edward Jones, labourer, stated: I was on my way to the races when tbe collision occurred. I did not see it, but heard tho smash. I am certain there were no other cars there at the time. Ropata was on his proper side when the collision occurred.

To Mr Cooper: I was about twenty yards away, and came straight back to the scone. I saw no car standing on the roadside other than the one driven by defendant. This car had to be backed from the cycle. "William John Row. stated:' I am a motor driver, residing at Otaki Railway. I remember the day in question, but did not see the collision. I was near when I saw the defendant's car backing from the motor cycle. I pulled up, arid we all got out —I was driving two detectives and a police officer. The motor bike was damaged. I saw no other cars there at tho time, but some came afterwards. I saw no car pulled up on the side nearby. Had there been one I surely must have seen it.

To Mr Cooper: I don’t think the motor bike passed me on the way to Otaki.

To the S.M.: The motor car, after tho collision,' was near tho grass, facing directly up and down the road. Mr Cooper considered defendant’s evidence was unreliable, which was not to be wondered at, considering tho impact of the collision. If defendant's evidence was correct it would have been a funeral, not a court case. His witnesses seemed to know very little of the accident. The car had come some distance, and was proceeding townwards. As they came near the corner they saw a Ford car on the grass, and two other cars near. Ropata .hugged the corner in turning, and shot across, after zig-zagging. Defendant slowed down,, and tried to avoid him, but the motor bike crashed into tho Car-

Defendant stated: I live in Palmers- - ton north, and am a driver for C. M. Ross and Co. I was driving a party to the Otaki races, -and was on tho correct side of the road when I saw Ropata coming at about 25 miles an hour. There were two other ears travelling iu the vicinity. Ropata came I round the corner on his wrong side. I i saw a Pord motor stationed on the road- ’ side, but I cleared it easily. Ropata \ hesitated, and zig-zagged, with the re- 1 suit that he finally struck my car. Had he kept to his proper side he would have been alright, but he appeared to • los<T his head. I pulled my car up < dead. After the collision Ropata got i up and walked to the side of the road. ! after which he fainted. I took him j to tho doctor’s residence, and after- • wards to the hospital. To Mr M'Grath: I am a licensed taxi-cab driver, and the occupants of the car paid me for driving them to the races. Several ears passed after the accident, but failed to pull up. I was travelling at 10 to 12 miles while Ropata was going at 13 to 20 miles round the corner.

Percy Geo. Knight stated: I live at Mew Plymouth, and am a fainter. -I came to the races with defendant, in company with others. I noticed Ropata coming at a fairly fast rate, and also saw two other cars. Ropata was travelling much faster than the cars. As he came to the corner he. made an attempt to on the wrong side, X was afraid theri rorald. bs E epßlilqSj.

fdrow tho driver’s attention to the cycle. Ropata zig-zaged, while we proceeded at a slow pace. The impact of the cycle turned the car somewhat. Tho cause of the accident was the excessive speed of the cycle, and tho fact that the rider was on his wrong side. Graham was in no way to blame. The motor bike was travelling at'about'2s miles an hour, probably more. If the car had been going at more than three miles an hour defendant would have gone right over the cycle.

Denis King, farmer, residing at Kaponga, stiited: I was a passenger with previous witness, and consider the accident duo to plaintiff, who was travelling at from 20 to 25 miles per hour. Had he been on his correct side, he could easily have avoided our car. Montagu Herbert Octavius Rudkin,, farmer, of Hawera, owner of the car, gave corroborative evidence.

Ernest Edmund Croots, furnaceman, New Plymouth, deposed: I saw tho collision. I was w’ith r»y vrifo when I noticed a motor cycle, and I said: “Look at the fool going at a pace liko that!” Then I saw the colliseion, due to Ropata’s excessive speed. Graham did all possible under -tho circumstances, and was in no way to blame. To Mr M'Gratk: I know Graham and Knight; they are friends of mine. Mr M ’Grath regretted that the police officers who wore on the scene had not been called to give evidence. Ho considered the conflict of evidence extraordinary. Tho S.M. considered the plaintiff had not established his case, and that it was ovident the accident was due to the excessive speed that Ropata was travelling, and the fact that he was on his wrong side. Ho would enter judgment for defendant, with court costs 10s, witnesses’ travelling expenses £5 14s, counsel £5. King and Rudkin were not allowed expenses.