MOTOR COLLISION CASE.

Taranaki Daily News, 6 November 1919, Page 7

MOTOR COLLISION CASE.

ARCHIBALD BROS, v GIBSON. The adjourned hearing of the action by Archibald Bros. (Mr. H. R. Billing) v. George Gibson (sir. A. A. Bennett) arising out of a collision between two motor cars on the Junction Road, which had been commenced on Tuesday, was concluded before Mr. T. A. B. Bailey at the Magistrate's Court yesterday afternoon. The case for plaintiffs was concluded by the evidence of Lawson, the driver of the car that had the aceident, which was in corroboration of that previously given. Mr. Bennett said the defence was that the negligence of plaintiffs' driver contributed towards the accident and indeed was' the direct cause. He submitted firstly that plaintiff should have sounded his horn as ho came down the incline; secondly, he sliould not have gone to his wrong side of the road, when be knew that the driver of the other car would go to his proper side as soon as he saw plaintiff; thirdly, that in not signalling his intention to go to his wrong side he had been negligent; and fourthly, he did not keep his car under proper control on the correct side of the road so that he could stop when he saw he could not get past defendant. It was mentioned that the counter-claim would be amended by reducing the claim for loss of use of the car (£3S) ! to £ls and the amount for depreciation on account of the accident from £IOO to £SO. Evidence was given by Ernest Robert Cattley, driver of defendant's ear, E. W. M. Lysons, who prepared a survevor's locality plan of the road, Cnorf;e Gibson , and Andrew Smith, proprietor of the Criterion garage, who ceri '.tilled to the account for repairs to defendant's car. After reviewing the evidence his Worship held that both had been guilty of contributing towards the accident and therefore neither could recover. Each i side was ordered to j>ay its own costs.