CARS IN COLLISION.

Otaki Mail, 20 August 1923, Page 3

CARS IN COLLISION.

, CLAIM FUlt DAMAGES. i . i J- 11 the -Magistrate as Court on 'iiiursJ way Pel ore ->r r. a. w, Stout,S.M., David j autart Al-acKeiirte, (.leiiiisr, of i-e‘\iii. j oluimiULi tile bllul. of Xju hum Jusepn S Li. Tuytifi, ui oiuiw, tiixj-aMver, iu. I u.llll-.ig,_. ajiryeoiy caoseu, u\ aefemiI .nit on tiie Giro June, igco/su ii.cgiil s'eutuy and unskiiiinly driviug ° a ‘ motor ear oil me public tugmvay tliu-l a collision uccufToß Jjelweeji tn'is Uiwaftd. one owned jjy pla,nitil£, s ;tm c being Unveu by plain!ill's wife at tile time-, oi tm.i accident. t-- I b, ii afipeaied ic-r tile pili'ilUn a..u -ill .1. ;u. UtiliKieV for Ov,alliia.it. J dab. > .it, sv. ulii. g;iu; evidciice OJ tv.-a- ... jj -wr-'i ot (lie uaiitiigcd car. '! b,UiiL'iil ill respee«t oi iVimai uie i’t' " -e- ' •-■'in w a». luinie look place on .. .i.e -..rii. ins ltist Jutunation ui tile 1> ' ".VOL V,ilie 1. I'l'lpi (.)[' a telebin -a rad itoio fits \.i. • liOiii i.liiOd. i't' ■ om.iliatoi.V go; a •~u oi I nil min dowi hi me Jiiace. j ,ie s-. in; o! ihv aci •!- ... was a noila ip.ir,: |.. j ot a null' .10.0 tin. ulinti Fust i ill ice. On bis il I • -11 he jij oi id die car tying aI" ’•. t '. i tr. m tt." t, i i side id t i.e i‘<KtU. iif .Npui».e Lo auieinljuitj win .-.nil i til;, t ilgnts lind nut beCii din. •iioii.iMs were ijti w i.et. be J.fl'iu-11. ami nc h;m to • t c.is,m in stis, -ct in.it mis mid been doit,., aiiui t ; . lc acci a.- 11. : ir.-eiiilaJo was in a v < t,v e. Ar-i stal.e ami til tli e opinion ol wwth'ss tt.'il a •(.•;’ oi ;mg. J'roiu ins n iii.Hfs II wmild (i.p!*cJH' Mla.t in- j 111 1 . 1 . ,-,.ii : ..-.j- a v. j-rc s pul'll W ... i. ,h

fault. Jle i,'.\a:nim.’i.l tile, car :.ind Joum.l [ the rtgifc trout, wiiw.d broken olf, tire wind screen broken, tit,.- running b"Urd (Intuiigcd .mil oilier nijuiie.-J IJo did not. tiii.uk t-lnu G.c ear luui bnwei.l .alter being strnok, and was lacing tlie direction in which it had bni.n travelling, with an incJmution towards tin* leit. 'Fite oilier persons present when lie arrived were the Puir ladies who had composed tire patty ju the car, being, besides bis wile. Airs I’oru-r. Airs Adams and Mts- Mat »b. 7 lie re were also present the tdtau j.osrmaster, Air Olsen. Airs A. Alcl.eavey, and some others whom lie did not know. Airs Afaelu u/ie had ii-en driving the car. There had been a louibnll match in Levin lhat day and the accident ocrtirivd a t the riwie people were, Jetiirnuig ituin lib-. J 1 is I'.ir was a Chevrolet and had heel) completely overhauled three weeks h 'foie the lavcJilelit. the \altie l.eing (..dimmed then at flfitt. The car was lor sale and he had bail iinjuiry at. this figure. Alter the accident lie hud taken L'Sf) which was .ail lie could gel !,.r the car ‘rum the agent, and had taken a new car. him to Otaki and Shannon it was nece-sury that he should have a ear. Ci oss-exaht ineil, wilmss said there Was a rise jus t («J 1 the Otaki side ol where the, accident hail occurred. lie did not know ihc defendant and hud never -pol*rn 10 him before the accident. Ills reason for sayiftg licit the il ten,iani laid Imen drinking Was Man he was wry excited and smelled ol liquor. Counsel: Ilow dud h,. speaki? Did !.e speak like a drunken man? Witness: He was very excited and asked me to go tor the police. Counsel : Vas Men the acldon m drunken man? WilH.s-s: I am going ..n his genet a! iiehavioti r. Counsel: I am going to ask you a v»rv serious question. Did you mu offer one witness a stmt oi money <o come lu re and .-wear that Mi 'iTr-tm was drunk? Witness: No. certainly not. it that | inns been said, it is a lie. ' Continuing', witness -aid llm; iite j 0 • fi-.eia at lis ! ,-a lied on him on A! mi day and ask- d him to <etiie. He : , utsiHei'Oil t it,a , ’.her, Was nmm wliei e the aeddetu o'c.-mred lor three ''ar--11. pass. It was bis opitiioti tbati deI'eudaiit was ttmliT the influence oi drink. Me i....i \!o• -k.• 11a 1 1 '. v. if, 1 •. i h.- lit st v in, -aid she L'a - drive gt •. .a r ft ~n. (Iraki mill ab"u; a io r o! a ml ie ll', Id! Otin: | -aw anotle '' I ;.f----p.,—■!. ing with Me lii'iglu bead - lijJTts. SJie dimmed m ud - on her i . ,<?]i r 1 moil.,smi , ; ■•■ iic: ~ ioi 'be other wisiiid !ai;-- rhe edn, t.,i* lie did n„,t do SO, add o'. round the corner ,1.1 the wrong sijle of tlie road. <f. a hail pulled off ihe r".n! 10 some c\e. nl and -ioi'.'i d down '''hen 'lie o-ji. . car cra-ited into I The otbei , nr -roppt'd a little ho titer along ami her pal tv g'd out and wen; back. Ab ;|tc deivlidant ".'.ill was that tit" HgltA were so bright that they dax./.ied him. and lm asl#d them to y., tlm police. liffeiulant. seemed to Iv tunb r dm intill:!;,'., Oi , It'll"' The!' . wa ; 1)0 110'"--;,i IHi o' her I ".'big on the wrong side of tile road Cross-examined, winters said that AH's Porter who was sitting beside her remarked on the brightness oi the approaching car's lights. and afterwaids said "Why he seems to be miming right into us." They had first noticed liii* approaching ear bet ore o,cuing over the rise a! Hie foot ot which the accident oceunTd. They had seen the lights reflected ns lie approached. The car was abnu t Jour chains away from where the accident,pceiirrcii when they had first seen it. They bad been travelling a: about 20 miles per hour but had slowed down on seeing th,-. 'other car approach. It was about fa feet away wbori Airs Port or had first spoken and was ou t.iie wrong side ot the road. Slip had pulled o if as far as possible, and was .(Font one vard from the bank when ilm accident occurred. Defendant's front wheel had struck inside tiers, the collision being pt-nctmalty head

Constance Elizabeth foiter. who was the next, witness called, said she first saw the other ear when It. was about *fl or *.to yards away. The ear was on th# wrong side of the road. She remarked this to Mrs Mackenzie. and that the «ir was corning right at them. Immediately niitxwai'ds 'the impact oci-umd. Their car was decidedly up the con-eei side of the road at this rime. Mrs Mackenzie had slowed up when she had spoken to her and turned the ear right- m towards the side of the road. She had directly accused the defendant of having run into them. lie -had complained of tile light and asked lihat the police be called. She was under the impression that the defendant had been drinking. Their ear was six or eight foot from the bank when •hr accident occurred. Cross-examined witness said her impre-Mon was that defendant had tried f/o yet oil so his own side of the road too late and had struck them with his right wheel on the right side I of their ivir. Their car did not. twist or travel forward after it was sin-nek. Matilda Mai til and -Jessie Adams crave evidence gkl similar lui-t-5 to that, of file two previous witnesses. Regin old Oteen. postmaster at (>hau. sworn, said Him! he Was OH t-UO-si-enc of title accident- shortly aftei it occurred. Plaintiffs car was iheu ly- : hig near lilt- eoritiv oi the road at ail • ana!" of a»>out VO iir-g. towards the 1 haiik arid looked as if it had i-Ome 1 from 1 1 1 0 oilier side, of the road. He | had been speaking to defendant tlgi ! ; evening and had volunteered th.e information to Mrs Mackenzie that the - defendant haft b<v.n drinking and had i said he was pvepiu'qd to go into the .witness box and swear to this. He might have been wrong, and was not ! prepared to say now that he was drunk. Mr Dunklev : You say that, MaSiteonzie’s car cam® from, tha left side of

th® road. Was there anything that made you thank so? Witness: Yes. There; were marks on tlie road winch seemed to indicate thht the Car liud cuiue Jrorn the opposite side of the road. These marks ( could he traced back past the cent to ol tile road. t-iieiy. Was also glass on !t tie L-it Jjci 1 1 cl side oi the roan lacing' Otaki and on the centre oi the. road. Air Dunk ley : Did you not have a conveisat ion with Air Aiackeu/.ie ■ about tins matter in Otaki out- day? Witness: No, certainly not. Air Uuhkley: You wen.- not, ufi'en-d. or did you tell oilier people that you had been offered, any money Jjy Air Aiacken/ie to give evidence in his favour. Witness: I ab.-.olutely deny ;:Js. To Air BlenJthorn wiuii»» 1 aled Hint in company with other- he had looked for wheel marks and was -A rtain that wheel mmks led Jrom ]d.-in-tiff’s car to Wlijre the laoken g, was lying' in the roadway. His ojdn-li-il was that the accident llappc ,d m the middl-e oi tiic t oad, a ! ter which plaintiff's ear ran oil to when' n was lying'. To Mr Dunk! y.- IF leu .ml . d -eeing a mark at 1 "!-, a- \ iUi! intlg 1 1 -111 Hie hack of the cm as t. - met-' ag ie. d d l'a uge.’i ae'h g 1 !: ‘•i l ! m !',llU\ Otaki- '."bo V c jia,ssetiger in iJctcuda.ii's . -vc evidence that as tic y -ipot lieu t.ie ’ e'ciic ol the acetdeiu, tit-.y were m ins ujjiijloli. on th,. wrong -Me ol tue I road. Ihc ii.'lits ol li.c |daill'i.ii"s ; etir were dimmed b, cure t.hc ears struck. He was quo.; -ftihlied it «i j Air.- AlaCl.eJl/.ir w.e lief i "i, •a j -ide wlc n ihe 1 . ■- m I. I Mioruy l.eiure tin- toe;, .had pa- cd j atiotller ear ~o eh'se iti.i;; n iiad t,,.".u'. ptaelicaliy Joreed ml the load. •' Ki jje-i Uebreeeti.v, allot be]' ji. iw-.i ii- I

gw, wim was in ti.e iJtieiL -cat. was not. able to -n\ tlow uhe accii.h m occiti'ied. Alter Hie impact detendatiFs car had tr.'iivl i"d "ti in a -eiiucirvle and lilt,ally ...tue to a stand-;.!! lieliind tlie other. He was a motor nieehanic by trade ami understood cars. He examined pia.ntHFs 'at and saw a senape on the road irotn the back and extending a short illslat.i'e Jjjick along' the road. I>, -eumed m ilim that the axle had hr,.ken and diagkge,l along. 'J ltere was a qitauitiy of glass on the left hand side oi the load, facing Uiaki. at a (iisiance ol about six Jo, t Iron, die bank. Stanley Neisoii Stilhvell. mot.oi cii- i gilleer, l.evill. gave evldetle,. as to li.,' plaintiffs ear l.eing in thorough running order al ii.e time oi :1c accident. lie considered that ti.e del,'.miant'.- car must have struck tlie axle to break the wheel olf as had been (lone. Finest Cecil Sawte.il, motor engineer, gave formal evidence oi repitudone to plaintiff's ear. 11,., eoiisideied the depreciation in value a. Mr tlnse were effected to lie about L"-’a. This concluded Ihc case Jor tlie plaintiff, and the Gouty was adjoin tied lor lunch.

On cite Court resuming, the defendant, he-, pli Tustin. was called and deposed that oil the night ol the accident he was returning t-o Otaki with five passciigeis. He wa- travelling, ui. Ills own side of the road, when he saw another ear approaching, winch did not, dim its lights, llg though; there was room to pass and the iir-i tiling lie knew was that there was a hang, and the ocher car .struck hint. 'Bite plaintiff's car was on the wrong side ol the road. In connection with the witness IF-tiny's evidence, this man wa,- on the ottiside "i the seat ami not in a |,"sU inn to jndge. \\ ben ip,, n:|n.r ear -truck bis. his Iron, axle Was bell I ! we'k tn the shape ol a p,,\v and thi- wi:b ti,, moiiietnnw ~. ;11 ,-ar I a mig lu them ion ltd u. - - ilm pd-inm. tn v. hi, I, :he> were a: utwhiO- lymg. lie had exatuumd tbroad and couid clearly ' b"t e plaint ill's cat had conic "vet l! ' ,l! the wrong -ale. Aiter the W"t '■ 'ol'ived the;, measured the cua wt.tc.'t was found to be sGI; in width. Ine I.ad. tagm-hand wheel o j pia .tF . c » ,-ar was I 111! lrom the hank, the 1, it wheel bet tig about Git. Two otln r e;,a - , am,, along steu ti\ alter the a - , idea!, and 'he occupant- a!'" -a vvlieel mat li- -m il as be described. iaoxs-exmii.tied, tie: "liter " :, t uiiK -lieiniv o'.'e: .In' Ood'dic <O. thv , n 'f| ill- opinion wax 'hue He; llriVi !' oi the otbei eat t"-t bet be; d a.Bd tuna'll the wlieel t.ue '•> t"U- '■'■ ■ lie d e ni, ,1 that the fn -t tbtiig lm Was that tile oilier light- )mi| dazriml i.ilii. Vd.ai it" bad .odd wtif’ Him;. He. i glier ear was on lb., w. "tie -me H l ' was fa,i tain that 'bo othei 1 ■»'' bad itiov/.d. “itur "I- ing U’e U m '"-"j ma i k o, where tl." s !| tb-ax!e It’" (Ira'’d along wa- I’lain on dm -'"! r,i 1i... road for ’-ft !-;* b Hmm '.he rear „T ti.e , at', and , xhunl, d 1 wwd. tl.l- , Clitl'e I'd the 'Olid. ,t■ a.:i *';|eu'ti"s Mth.""- "*- - ,:>•),.tor l.evill. swum, i .-n,.-inhered tue Iwensioti of the am blent, the -cciie ot wiii.lt !w inn I visited w:t-h ■!,’"me"'ami the poln " tn about ii.’.., P-m- ! H ueM i's ol ii,- mmlant's cat wen peon mi,,'. wi.eti tbe\ turned ti.e iigtijo'f their car on U"' S P oi. and led m

a Pal; curie from where hi- cur waiving so tbc Other side oi Hi* r ‘" Ji| - Ttiere was a mark stretclimg -.tl> L"tu behind plaintiffs car where evid.uu; iv -nine put t of the machine, pi "hue,., j the axle bad dragged along. _ maiT; sTai ttiic lrom delendnn • - si 1,. Of I,he road/ The front axle Ol delendatit's eat wa- hour ami t>"' ' f;; 1 ? ing g, nr lunken. and .Hie car it- 1 iusi run to where u fmallv ~ T ''i’l' g bold ml ti.e other. There was j< disSn,"t murk across the road r,\\ mg to T be wbeei being turned broimM,.,- <-n ,and dragging. tn company wnl. Con-tab, e Hague he bad . measure’, the road and found that the “jyii rear wheel oi pjaitnitfp cat- was m from the bank, the total width oi the rood being 2Cft. The car was ta'.-.ujf towards b- town side at an angle ot about 3n deg. He did not e, mat defendant was under the n.uu-f-nce of di'toi ... -f Gross-ex,-irnmeii. -tie saw two ts class ' King or. the road. Otte rs Ax or xeven feet from defendant -ibe ,-,f Hie road, the other about -u fanher out. When the wh-et off. all other things being n jir “'" pburGiff's ear would swing to mright, bin in thu case- 'jj: wiieei- v. ere locked in tm recti on and this had pulled the -at ‘"Thomas O'Hourke, stock rw-1-i rl.-T"*o having been leiitrn ::Dbr^.ci;;u!D.:; l^n,n4ui ipf road at the time of the nccideim From where the car was pan n o possible to trace the marks ha k t where the collision apparemtly 0.... u - ,-cl a nd for some distance lUuhei K. Tti.,:/:; i. tn, or.mton ttni '.o-*' ■" vas 'lm the corrmi side of ihe roam IT in ii-vn with defendant ad - m !h e fo o t 'rip 1 i mat oh and wr- certain hn WclS soDer. - ~ ; Tins cornplo*fill rni *_. :n ; r f <PV v P; -.‘ j dence. and Kdgmem