A NEW PLYMOUTH COLLISION

Taranaki Daily News, Volume LII, Issue 392, 18 May 1910, Page 5

A NEW PLYMOUTH COLLISION

CABrOWXEII OBTAINS DAMAGES. In December last a grocer's cart col. lided with a cab in Devon-street and damaged the cab. In the Magistrate's Court yesterday the cab proprietor, Mr. W. A. Jury, sued the owner of the grocery turn-out, Mr. James McNeill, for •the amount expended in repairs and for damages caused by the loss of business due to the cab being laid up for a week. The defendant alleged contributory negligence on the part of the cab-driver, who, ihe claimed, should have made way for the cart. It was shown ,fchat the cab was going uphill on the left aide of Devon-street near Messrs. Nolan fljid Co.s mart, and a lorry iwas travelling down the other side. Both were well out from the kerbimg, but there was barely room for the grocer's cart, coming down the hill, to pass between the lorry and the footpath. The grocer's boy was driivng rapidly behind the lorry, and, owing to his horse being what he called "bad in the .breeching," he lost control of the animal, and could not rein him in. The driver of the cart was a hoy of Rbout sixteen years of ape, and, seeing a collision to be inevitable, he preferred the cab to the lorry. Both Ihe and, the boy who was with him in the cart at the time deposed that the cart slewed across the road to avoid the lorry, and struck the cab. The Magistrate siaidi there was no doubt that the defendant Avas liable, and gave judgment for .€!) 7s and £3 14s costs. Mr. A. H. Johnstone appeared for the plaintiff, and Mr. D. Hutchen for the defence.