MOTOR COLLISION.

Taranaki Daily News, 10 February 1921, Page 6

MOTOR COLLISION.

CLAIM FOR DAMAGES. APPEAL TO SUPREME COURT. The facts surrounding a motor collis- ; ion -were the chief points of discussion ■ in the New Plymouth Supreme Court yesterday, at the hearing of the case of T. H. Fever v. Ben Booker, being an appeal from the division of Mr. T. A. B. Bailey, S.M., at Eltham, on law and' fact. Mr. P. O’Dea (Hawera) appeared for appellant, and Mr. R. H. Quilliam (New Plymouth) represented, respond- i ent. | In summarising the case, Mr. O’Dea I said that Fever claimed from Booker i the sum of £159 9s 9d, being repairs to i his car after damages sustained in a collision with Booker’s ear in April of last year. Fever was proceeding from | his home at Hunter Road into Eltham, i and was on his proper side of the road. , It was after dark, and when he came j to Burke’s Hill he saw defendant’s car ; coming about a chain and a half away, j It was on its wrong side, counsel said. I Fever thought it was going to turn into ; a gateway, and kept on his correct side, { until he saw that Booker was coming on, i and then, thinking there was going to | be a head-on collision, he endeavored to ' avoid an impact and swung over towards the other side, but a smash took place. When the ease was heard in the lower court, the Magistrate, in a memoranda said he had formed the opinion that there was no need for the' plaintiff (Fever) to have turned sharply to his right as he did There was ample room for his car to pass the other, had he kept straight on. Counsel said this finding may have been correct, but by being on the wrong ; side Booker had placed Fever in a perilour position, and Fever, in an endeavor i to avoid a collision, turned his e:v abruptly. The two vehicles, however, met in the middle of the road. His Honor (Mr. Justice Hosking) said that as the law stood, unless a Magisterial finding was plainly shown to be wrong, the decision could not be upset. Mr. Quilliam submitted that on the facts the Magistrate was right, and that his judgment should be supported. Decision was reserved.