S.M. COURT.

Otaki Mail, Volume XXVIII, 9 February 1920, Page 2

S.M. COURT.

OTAKI—FRIDAY.

(Before J. L. Stout, Esq. 8.M.)

Damages Through Collision.

A. J. Robinson (Mr Cooper) v. J. Dwyer (Mr McGrath), claim £OS. action for damages arising out of a collision between a motor car owned by defendant and a butcher’s cart, which took place two miles soufh of Paru-

para imm. Mr Cooper stated Deakiu, driver of the cart, was on tho way to Paekakariki when he saw the car coming at a fast pace and puffed off to give room, the ear struck the cart and generally smashed it up. Dwyer did not disputo the fact, and said he would call in and see about the matter. Mr Cooper contended that defendant had a clear ('ft of metal" road and 4ft din of grass on which to pass. The horse was not now within £2O of its purchase value, a- it will not now pass a motor car. i'lte driver was also injured. He also wished to amend the claim by adding a. claim for tile meat (£5) and £lO for

ion-use of the cart. Mr McGrath objected to the inreased amount, stating it was unfair 0 the eleventh hour to put in an addiioual claim for £ls. Albert John Robinson, plaintiff, toted: It is my custom three times a veok to supply residents of Paekakaiki with meat. On the -3th September ! sent Donkin, my employee, on the louml. T later heard my cart had been -mashed and drove straight away to the scene. Wool ton and Donkin were here on arrival, and we measured the road and found it l!*ft din. 10ft din being metalled. The off wheel of the oar was 2ft din oil the metal. The ether wheel was well on tho grass. The cart: was only about 2 inches off i lie swamp. The motor had ample room to pass, but there were no wheel marks to -how the driver had puffed off. The -art was generally smashed. Oil the advice of Beit and Baylcv I ordered a new cart, it being impossible to repair the old one. 'I have been put to much inconvenience, ns 1 have not yet received the new cart. There wanutleal of meat in the cart, and this was totally damaged. When the liorso bolted the harness was badly damaged, and it cost £5 J2s dd to repair. The horse now almost refuses to pass a car. whereas before it. would have passed anything. The horse was considered one of the best in the district. X re-

■ ently refused £4O for it; but it is non- ■ mly worth £2(l. The animal was out of oinmission for six weeks, and I wait bn.-ky to have a horse lent me by a neighbour. The driver was bad for a week, and I had to do the extra work myself, and neglect my farm work. After the collision I saw Mr Dwyor, and he told me he wanted my statement in writing. 1 did as requested. Deakiu has been in tny employ for two years, and is a very careful driver. To Mr McGrath: I did Dot see the accident, and cannot say what pace "dlier my lior.-o or the car was travelling at. I did not tell Dwyer I wanted

£55 for the horse. I did not behave in a loud manner, and was not ordered out of the hotel when I waited on Hr Dwyer. X-f is not true that the claim I -vent from £35 to £OS, and am now asking for another £l3. Mr Dwyer said J 'here were faults on both aides and Juft , me. 1 went down to the scene of the accident about an hour or an hour and - n half ‘after it had happened. Belt and Baylcy said the eart could be repaired for £gu to £lls. If my driver -aid the cart was an old one and was : going to bo put off the road, it was false. He did not believe Deakin would say such a thing. Deakin dej bverc i what meat was clean, but the damaged meat was given to the pig.-. To Mr Cooper: I said to Hr McGrath i iva> willing to let Hr Dwyer repair the eart and harness. Belton Deakin stated: I was driver of the cart on the day in question, and ; had on about half a ton of meat. The car came along at about thirty miles an ! hour, and made no attempt to pull up. I pulled over as far as I could, but by J tjio time the car driver yanked the , brakes on the collision had occurred land X was thrown from t.be cart. £ | heard someone say, “What’s your

i game?” to the driver of the car. The (car drivef droVe me down after my horse, which had bolted after the coup •ion. Two vmhhg fellow* said to me that they might call in "OlfliCg bat if not, for Hr Robin- on to ring Hr Dwyer up. I went back to Paraparaumti and secured another cart and harness and then delivered what meat I could. The cart was left on the roadride tor some time. The morning after the collision we measured the road and found the ear had ample room to pass, viz., Bft of metal and sft of solid foundation in grass. Since the mishap i the horse has not been sound or r#iinbie, being quite nervous. To Hr McGrath: The car knocked me back about a yard, but stopped itself at this. The ear rnay weigh two tons. The brakes wore so quickly jam bed on that they tore up the road. I had every control' of the home and palled to one »ide when I saw the ear corning. I wa* going about four miles an hour when I was '-truck. I palled as far to the side as possible. Ti Dwyer had kept on the metalled road he could have passed mo easily. *' Harold Wootton stated that he viewed the scene of the accident, helped measure the wheel marks and the width of the road and grass. (His statement* tallied wkh the other evidence given.) John J. Robinson stated on the da* in question he was driving cattle along the road. Hi* first intimation of ta» colli ion was his son’* tor»e bolting aloSg the'road. He stopped it. The horse via... a good spring-carter, worth £35 to £4O. since the accident it tu unreliable-. -Tame* Aplin stated he fca<l never drives a more reliable home, hut knew sow that it was “nervy.” The horse would be a hard one to replace. It could not be replaced for £4O. At pre-

sent lie would not give £lO for it. Mr McGrath, for the defence, stated that the claim was preposterous, and that there was no negligence on the 1 part of the driver of the car. The collision was' entirely due to Deakin. The I (evidence of the plaintiff’s driver, ho considered, absurd, while that of Aplm | was useless. To say that an eight. I

cylinder Cadillac car, weighing S'Jcwt, with four passengers, and travelling at thirty miles or so, could collide with

a cart and do so little damage was ridiculous. Such a car with such a pace striking an obstacle would have sent it to “kingdom come.” Further, if travelling at such a speed it would be impossible to pull it up within two or three lengths of the cart. The chauffeur was a most capable aud reliable man. He considered had his Worship seen the scene of the accident hcFwould have disposed of the case within a few minutes. lie would call evidence to j show the car was only travelling at 10 | to 1- miles and pulled to within a fool of the roadside.

Joseph Dwyer'stated: 1 am the owner of the car and was going to Daiiiicvirke, in company with Duncan (driver). McFarland, sen., and McFarland. jun. I saw the butcher’s cart half a mile ahead of where the collision occurred. We were travelling about 22 miles an hour till within 300 yards of the cart, when the driver eased off to 10 or 12 miles an hour. The butcher was approaching us at a trot, and pulled a little to the left, but lie did not pull off far euough. I said to the butcher after the collision, “What’s vour game?” meaning wliv didn’t he pull off more. The car stopped dead when wc struck. It weighs 3Scwt. If wc had been driving 35 miles an hour wc would have knocked the cart IS to 20 feet. I alighted from the car, and saw we were over the side of the

road ns far as possible. If the front wheels had got on the grass we would have capsized. The butcher’s cart was going about eight miles. It was the weight of the car that did the damage. The metal road was 10ft 9in in width. Duncan was a very careful driver, and has not met with tin accident while in my employ. Robinson saw me and made a demand on mo for the accident, but he made such a noise that X left him. I said there was as much blame attachable to Iris driver as to mine.

To Mr Cooper: The fault of the accident. I think, was due to the butcher not pulling over more. David Duiuan stated: I was ehaulfeur for Mr Dwyer, and was driving his car on the day of the accident. I was travelling slowly when I saw the cult, and on nearing it slowed down to about 8 to 10 miles an hour. Just as I slowed down I got right to the side— t could not go over further. If - . t ; } or o so T would have capsized. ; ,t IV . t , „r •’ butcher v. v- ■[[], ' o' « hi- The cart

to a » Owl ike «• ‘out. Frank McFarland, hotelkeeper in "Wellington, stated: 1 am a brother-in-law to Mr Dwyer, and was in the car when the collision occurred. I. occupied the front seat with the driver, and saw the horse and cart approaching at a trotting pace. AYe were doing 10 to 12 miles when we came"to the cart. Oar driver was over to the side as far as he

could go. The horse and cart had plenty of room aud should have avoided a collision. The cart would be ilear at £lO. while the value of the horse would be £lO. Charles McFarland, son of previous witness, gave similar evidence to last witness. The accident could have been avoided, he considered, had the driver of the cart pulled further over. The driver said to me, “It’s a funny thiug. but we were just thinking of putting the cart off the road.” I replied that we had saved him the trouble. The S.M. intimated that, he would view the scene of the accident aud give judgment later. Civil Cases. Judgment was given by default in the following eases:- —R. J- Staveley i. E. 11. Claridge, claim £5; A. J. Dickson v. Bert ' AVheeler. claim £25; R. JStaveley v. A. J. Watts, claim £2 18s. Mr Harper appeared for defendant in this ease, and stated his client had omitted to gHc notice of defence, and therefore asked permission for Uni case to proceed. Mr Watt also made an appeal, stating he was unaware that tmuce pf defence had to bo given. The P M. refused the application, and therefore awarded the case to the ptainiitt.

Jn the- judgment, summons case, iTaatfs Adamson v. K, Macldoek, claim was ordered to pay the „9 6s, defen. - ; d default II amount within a month. . - days * imprisonment.