MOTORISTS’ TROUBLES.

Taranaki Daily News, 18 May 1921, Page 8

MOTORISTS’ TROUBLES.

C PARTIES AT COURT.

AN UNUSUAL CASE.

A motorist who proffered assistance to a party, whom he met hung up on the road as the result of a break-down 'to their machine, was the defendant in an act-on heard in the Supreme Court, New Plymouth, yesterday, the owner of the car claiming damages for the stranger’s unlawful interference with the machine. The plaintiff was Raymond Strong, taxi driver, of Hawera, and was represented by Mr. P. O’Dea. The defendant was Arthur Knapton, of Kaupokonui, for whom Mr. F. C. Spratt appeared, with him Mr. L. M. Moss.

The case presented some unusual features. A broken crank-shaft was responsible for the trouble, and it was alleged that Knapton drove the car when warned not to, and caused the breakage. The claim was for £250, which was made up of a number of items, including: Repair bill, £6O; depreciation, £5O; plaintiff’s loss of remuneration as taxi driver, £lOO.

The following jury was sworn: A. Mason (foreman), S. J. Holden, G. E. Robinson, and L. C. Earp. The statement- of the case for plaintiff was: On December 28 last Strong was proceeding with a party ‘‘r.mi Hawera to Oeo, but just alter passing the Ina ha toll-gate he noticed, something amiss with the car, and the engine was “knocking” slightly. He stopped and investigated, and then drove along slowly for a couple of hundred ya r ds, but as the Irmble seemed to increase he decided to pull up. He left the car and the others cf the party, and, pr seeding to Mumia on foot, he rung up Hawera for another taxi to take hu load, and a -o made arrangements f»r towing in >is cwn car. Strang got a. .ill back from Manaia in a passing car, ud just as he was approaching the scene of the breakdown he noticed his car had been shifted to the opposite side of the road, and Knapton (defendant) was getting out of the seat. Strong asked what he was doingrand Knapton replied that the ear was all right and could be driven to Wanganui; it only needed some oil, he said. Strong told Knapton that he had no right to interfere with the car. At that moment Exley (the other taxi ordered from .Hawera) arrived, and Knapton was lost sight of in the gencial change over to the other car. It was stated that while Strong was away Knapton, who drove up, asked the party if anything was wrong, and remarked that he knew all about cars. He get in and started the engine, which commenced to smoke and flames came out from under the bonnet. Kuapton t'Kii drove up ti e /oad a short distance, and as he was turning round (E was alleged) a eras? was heard by the others ci Strong's party. Defendant brought the car back and pulled up on the opposite side of the road to where Strong

had pulled up. When it was examined after Knapton left Strong found a big hole in the crank case. This, it was contended, was due to defendant’s action in driving the car. It was a new machine.

, Plaintiff gave evidence that on the day after the above happenings he drove to Knapton’s place to see what he was prepared to do about paying for repairs to the car Defendant replied that he was not going to do anything, and Strong could take it to court if he liked. Knapton averred that he would raise £2OOO on his farm to fight the case, and also offered to have a personal set-to with Strong then. Knapton stated that a lady invited him to get into the car. Witness, however, told him that he had no business there, and, further, none of the party had authority to ask him into the car. This was the end of the interview. Cross-examined by Mr. Spratt, witness denied there had been any drinking. When be returned from Manaia he did not hear one of the ladies say: “Your b car i g all right.” Evidence was also given by Bert Wishart, cheesemaker, Oeo. He said he was in the New Plymouth Hospital in December, and on the date of the breakdown Strong was taking him home. Other occupants of the car who supported plaintiff’s case were Elizabeth Bullock, of Hawera, and Mrs. Hazel Woodward, of Wanganui. Geo. D’Enden, foreman for Tibbitts and Haybittla garage proprietors, Hawera, gave particulars of the repairs which were carried out to the car. He said that the firm gave a ninety days guarantee with new machines, but in cases where the car was to be used as a taxi there was no guarantee and repairs would have to be paid for.

CASE FOR THE DEFENCE.

On behalf of defendant, Mr. Spratt said it was admitted that Knapton went to the assistance of the party on the road, but jt was at the invitation of the people' who were left in charge by the owner of the car that he did so, and if the jury agreed with this contention, it must, he said, be a clear end of the case. If Knapton went and drove the car of his own accord the question was whether he caused any damage.

The defendant, Arthur Knapton, dairy farmer, said on the evening he saw Strong’s car on the side of the road he was en route to Hawera, being accompanied by 0 man named Brown. Two women of the party who were with Strong’s car put their hands up as a sign for him to stop, and when he had pulled up one said: “The b ear won t go,” There was a girl at the wheel, and a man alongside with her, and he asked them to start the engine up, and this the girl did. There was a kind of a noise coming from the engine, but he did not know whether or not it was a “knock.” He suggested to them it might be a dirty plug. When Miss Bullock started the engine, flames came from under the bonnet. She jumped out o* the ear. and witness got in and shut off 1 the engine Eventually ' Miss Bullock said: “For God’s sake, Digger, get in and drive the car; we want to get to Oeo.” Witness drove the car about thirty or forty yards un the road, and brought it back to where the party had remained. Miss Bullock then got in, and suggested to the other party that they should drive on and meet Strong. This was the first witness knew that anyone else was concerned with the car. Strong arrived in a few minutes, and it was then explained that he was the person who owned the car. Witness contradicted statements made

on behalf of the plaintiff. He said he did not tell the women that the car could be driven to Wanganui, and only needed more oil. He was not warned to leave the car alone. He did not remember hearing any noise when he started up the car. At the interview with Strong he did hot offer to fight pla’ntiff. •Tames W Brown, cheesemaker, Kau»

pokonui, the passenger with Knapton, gave corroborative evidence. Evidence as to repair work was given by Arthur Harrison, foreman mechanic, New Plymouth, a«d William R. Stevens, head mechanic for Newton King, Ltd. The Court adjourned at 10 p.ra. till 10.30 a.m. to-day, when the hearing will be continued.