CAR AND TRUCK

Rotorua Morning Post, Volume 1, Issue 209, 28 April 1932, Page 5

CAR AND TRUCK

ROTOMA COLLISION ACCIDENT IS SUBJECT TO CLAIM AND COUNTER CLAIM NEGLIGENCE ALLEGED The Rotorua Magistrate's Court was occupied yesterday in hearing a claim and counter claim for damag- _ es arising out of a motor collision on the Rotoma hill at Atkinson's eorner, on December 16. The ^accident involved a heavy cream lorry driven by- Mr. A. D. Hardie, carrieiv of Rotorua, and a threeseater ear driven by-Mr. J.TDT Hamilton, of Auckland. Mr. Hardie was on his way from Rotorua' to Whakatane and Mr. _ Hamilton, was driving from Opotiki to Auckland by way of Rotorua. The car was the property of Dominion Motors, Limited, and had been driven through to Opotiki in an endeavour to effect a sale. Both vehicles were damaged, and it was in respect of this damage that claim' and counter claim were lodged. Both drivers alleged negligence on the part of the other in precipitating the accident. Mr. S. L. Paterson, S.M., was on the benchY Mr. I. J. Goldstine (Auck- . land) appeared for the plaintiff com- . pany, and Mr. J. D. Davys for the defendant. The statement of claim set out that the damage caused to plaintiff eompany's car was directly attributable to the negligence of the defendant in failing to ' keep to the left of the centre line of the road; in driving at an exeessive speed, or in otherwise failing to observe proper speed and care in negotiating the corners. As a result of this damage, plaintiff company claimed from the defendant, £119 11s 6d as eost of repairs to the car, £25 depreeiation to the car, and £25 general damages. Defendant on his part filed a counter claim alleging negligence on the part of the plaintiff in his handling of the car and claiming the sum of £178 4s 5d as damages to the truck and £20 general damages, making up a total of £198 4s 5d. For the plaintiff, J. E. Hamilton, " said that he was travelling at a slow speed and was as far in to the banlc as he could get. He negotiated the corner carefully, but the defendant swung round on his wrong side, precipitating the collision. He did not consider that the truck was damaged to any extent. It was driven away without any trouble. After the accident he had a conversation with Hardie, who said that if witness's car was not insured, he would accept liability. By this witness understood that the insurance company would cover the damage. His machine caught fire as a result of the accident and witness had to put it out with sand. The cost of necessary repairs amounted to £119. His firm had sent him to Opotiki to show the car to a probable purchaser, and he had had excellent prospects of effeeting a sale. As a result of the accident on bis return, however, he had been unj able to complete the sale. He considered that the accident was wholly due to Hardie's negligence in driving on the wrong side when turning the corner. In reply to Mr. Davys, the witness said that he left Opotiki at two o'clock that afternoon and intended to reaeh Auckland that night or the following morning. Along the flat before coming to the Rotpma hill, he had driven at about 30 m.p.h. Mr. Davys: Well, if I told you that a witness is eoming forward, who said that you were scorching along that flat like a scalded cat, what would you say? I would say that he had a very poor idea of speed. Deniai of Speeding The witness denied that he had ignored danger notiees on the road and also that he had been speeding' on the corner when the accident oecurred. He said he did not remember Hardie remarking to him that he was "cutting it out," and that he admitted it. He denied also that his brakes had not worked — his brakes had been so hard on that "they had had to disconnect the rods to move the car. Mr. Hardie had carrjed out this operation. Hardie could not have seen the condition of the brakes as they were fully enclosed. _ He denied that he had asked Hardie to accept the blame so that he could collect the insurance, and that he had promised to "fix it up" with him next time he came to Rotorua. He was prepared to swear that he was doing only 15 m.p.h. as he approached the corner. In reply to Mi? Goldstine, the witness said that he thought that he had travelled about 70 miles from Opotiki to the point of the accident. It had taken him three hours to cover this distance.

Reasonable Speed Cecil Edward Oliver Baddeley, insurance agent, of Auckland, said that he was travelling with Hamilton at the time of the accident. Hamilton was travelling at a reasonable cruising speed and slowed down on all his corners. Approaching the corner where the accident occurred, Hamilton slowed down and hugged the banlc. The lorry swung round on its wrong side and did not give- way to let them through, with the result that an impact occurred. They were so close to the banlc when the car came to rest that witness had almost to pull himself up the banlc to get out the window. Flames burst out from the bonnet of the car when it pulled up. - Witness heard no horn sounded by the truck. To Mr. Davys, the witness said that Hardie appeared to try and stop his truck just before the impact. He was still moving, however, when the vehicles met. Their own car could have pulled up in a length. They took it slowly over the Rotoma hills and were travelling all the way at an average speed. Another occupant of Hamilton' s car, Ralph Jenkinson, carpenter, of Auckland, gave further corroborative evidence. Motorists' Version James Petitt, commercial traveller, of Wellington, said that on the date in question, he had come on the scene of the accident as he was travelling through the Rotora gorge. He saw