ACTION FOR DAMAGES.

Taranaki Daily News, 13 December 1921, Page 8

ACTION FOR DAMAGES.

CLAIM AGAINST CAR-DRIVER. INJURIES TO A PEDESTRIAN. A SOUTH TARANAKI CASE. As the result of an accident at Manaia in May of this year an action was brought in the Supreme Court, New Plymouth, yesterday, by Mrs. Alma (7. Terrill, who sought to recover £lO4 3s special damages and £750 general damages from Allan Robertson, farmer, of Oeo. The grounds on which plaintiff sued alleged that as the result of ‘defendant’s negligent driving of a motor car she was run into and knocked down, sustaining severe bodily injuries. The following jury was empanelled: A. S. Hasell, P. F. Burrows, A. Pearce, C. Y. Sanders, E. H. Martin, F. M. Grayling, H. G. Brooke, J. F. Crothers, J. T. Heal. E. J. Lobb, J. T. Crapper, F. L. Hartnell. Mr. Hasell was chosen foreman. The case was stated by Mr. Spratt, who said that up to May 4 of this year Mrs. Terrill was acting as housekeeper for an elderly couple. Mr. and? Mrs. Hair, who lived near Manaia. Shortly after seven o'clock on that evening she accompanied Hair, who was 80 years of age. on the way to a. political meeting which .was being held in the township. The night was raining and dark, and where the road passed Hair’s place there were no footpaths. There was a good road of which the middle portion, about 15ft. in width, was tarred. Naturally Mrs. Terrill and Hair chose the tarred portion of the road, until they came to an intersection called Kaipi Street, where they crossed to the edge of the asphalt. Mrs. Terrill was walking just on the soft part of the road and Hair, on her right hand side, was on the asphalt. Shortly after first getting on to the road, Mrs. Terrill saw the lights of a motor ear coming behind them, and before she crossed to the left hand side of the road she again turned round and got the idea that if anything the car was out on the right hand side, of the road. As they were on the extreme left they thought their position was quite safe. THE INJURIES.

In walking along the road Mrs. Terrill was carrying an umbrella and with the other hand took hold of Hair's arm. The first indication that they were in danger was a sound behind, then an exclamation, apparently by someone in the ear, and she felt her companion being dragged from her arm. Almost in that instant she was struck. Hair sustained a fracture of the right leg, and died a month after the accident. Mrs. Terrill sustained a broken leg, from which she had not yet recovered, and other minor abrasions. The injury to the leg was such as would have led the doctors to believe that her case would be one of speedy recovery. Unfortunately difficulties cropped up during the case, as a result of which the ordinary methods which would have been adopted in such cases did not prove applicable. The plaster which was put on the leg for the purposes of getting the bone into position proved irritating to the patient’s skin. The plaster had therefore to be taken off, and attention in the meantime was devoted to the treatment of the skin. Later, further attention was devoted to the fracture, but it had healed with “'the joints overlapping. The actual scene of the collision was 27 yards from the : lamp at the corner of Kaipi Street, and it was remarkable that Hair was carried on by the car over two or three yards, while Mrs. Terrill was found 17 yards from the point of the collision, at a spot 3ft. 6 : n. off the tarred portion of the road. The damages claimed were £lO4 6s, of which £59 13s was hospital expenses, special damages to the extent of £/50 were also sought, as plaintifi would never be the active woman she was previously, and would not have the same avenues of employment open to her. Counsel said he understood the defence was a denial of negligent driving, or that as a result of defendant's negligence the plaintiff liad suffered loss. As a further defence, it was contended plaintiff was responsible for contributor’.- negligence. He quoted the recent remarks of one of the Supreme Court judges, who said that at night no man should travel faster than would allow him to pull up within the range of his vision. According to the pleadings defendant contended that the street lights confused him and he failed to see the persons on the road in time to avoid' an accident. HOSPITAL TREATMENT. Particulars of Mrs, Terrill’s admission to hospital on the morning of May 5 and her subsequent treatment were h-iven by Dr. W. M. Thomson, superFntendent of the Hawera Public Hospital He said the fact that the plaster could not be used in connection with the treatment of the fracture could be attributed to the idiosyncrasy of the patient’s skin. He produced X-ray photographs showing the progress of tile treatment of the fracture- Mrs. Terrill was discharged front hospital on i Aivnist 20. The fact that the bone was overlapping would account for-a shrinkage in the length of the leg, and a. building up of the sole of the boot was necessary. To Mr. O’Dea: Under ordinary cneumstances a fracture of the kind should have been right in eight weeks. Mrs Terrill had been rather a troublesome patient, but lie did not think her behaviour retarded her progress. Dr D B. Maunsell, Manaia, gave evidence as to visiting the scene after the accident anti attending to Mrs. Terrill a "To n Mlt O’Dea: The street lights had been altered since the accident tlip jury, at the inquest on Hairs death balm, ~,|,|,d n recommendation to tins eflect. ’ constable Seannell. stationed at described the locality tri the 'nt. lie thought the marks showed that Robertson had had his byakes it vas usual for people to walk on the asphalt al that paifeular point Tdm lights from the Octagon which i eflectcd down the road interfered wffh the vision Of T “ O Mr' S o ; Dea: Before the Ootagon was altered be had had complaints /nut the lights. As the result of the 1 bo " t fl'd;'? at the inquest two lights Hmd been ta ken a "’ a - v end k-eroswc 'XtaM to tae intersection at Kaip.

Street. Defendant was perfectly sober. | The weather conditions were more of a mist than a rain. John McLeod, taxi driver, of Hawera.. who was at Manaia on the night of the accident, said he saw the car after the mishap. He remembered examining the windscreen, and was of Opinion that it was not clean enough to have been taken oh the road on a wet night. He had often driven into Manaia, and he did not think that the lights would cause as much trouble as those of an ordinary motor car. There were a number of people on the road that night. Evidence on the lines of counsel’s address was given by plaintiff. The first she knew of the approach of the motor car was hearing some bad language behind them, and then both Hair and herself were struck. She-had a dim recollection of catching Hold of part of the car. His Honor elicited from the witness that the rain was coming from behind them. She had crossed the road in company with Hair, in a diagonal manner for a distance of’ about a chain, and they had just arrived on the edge of the asphalt when they were struck. To Mr. O'Dea: When she looked round before crossing the car appeared to be about 250 yards away. She did not keep to the footpath on the righthand side as the meeting was on their left. When they were about half-way across the road she glanced round, and the car was then about 100 yards away on the right-hand side. They appeared to be making big swerves, as they were on the other side when she previously noticed the car. At the inquest she had said she hoped the men in the car were drunk as that would account for the bad language. Arthur Harrison, foreman motor mechanic, gave evidence based on experiments made with a Chevrolet motor car (the type which Robertson *.a<i been driving). He considered that this model permitted of the car being pulled up within 8 feet when going at 10 miles an hour. If the speed was 20 miles an hour the car could be pulled up in 12 yards. CASE FOR DEFENDANT. In reviewing the case for defendant Mr. O'Dea said that on the night of the accident Robertson was proceeding from Oeo to Manaia. He started on the journey about seven o’clock and the accident occurred about twenty minutes to eight. As the distance covered was only eleven miles he could not have been going at more than 1-6 to 18 miles per hour. There was also the fact that the car was not running too well, and he had to secure assistance to start it. When defendant saw the two people they were on the right of his car, and it was the right-hand lamp that was broken in the smash. They had been crossing the asphalt, and Robertson tried to swerve to the left; he jammed on the brake, but also touched the accelerator, and this accounted for the fact that the car went for some 15 yards further. In the circumstances counsel thought the whole point was whether Robertson could have avoided the accident.-

Defendant’s statement was to the effect that he was driving about the middle of the road. There was no correctness in the statement that he was swerving from side to side. He was going at about 15 to 20 miles an hour. There was a fine rain coming in front of him, and the lights of Manaia were also shining in front like the lights of an approaching car. He saw two objects appear on the road when he Kvas practically on top of them; in fact 1 defendant was right in front of his righthand lamp, and witness swerved to the left to try and avoid a- collision. No oad language was used at the time of the collision. Up to the’ date of the accident he had been driving a car for three years and had not previously had an accident. Examined by Mr. Spratt, he said that the reason for his not seeing the people before were the effects of a wet night on the windscreen and the dazzling nature of the lights in front. He considered he had taken proper precautions for the avoidance of an accident, and that after meeting with tlie mishap he had pulled the car up within a reasonable distance. He could not account for Constable Seannell noticing a swerve in the tracks. He admitted having said that he thought the meeting to which he was going was to begin at 7.30 or 7.45. It was about a quarter to eight when the accident happened. OTHER WITNESSES. H. J. Eaves, storekeeper, Otakeho. said he was to attend the meeting at Bennett's office, but it was not held on account <yf the accident. He thought the night was a bad one from a motorists point of view, and the lights entering Manaia were also dazzling. There was a thick kind of ram, and going home he nearly had an accident. The above evidence as to driving conditions was corroborated by Harvey Henderson. Kaponga, and plaintiff’s story was supported by Walter Drinkwater, Oeo Eelward Rae, wood contractor, and Charles Porteous. Awatuna, the two last-named being passengers in the car. A Manaia taxi driver, B. Y. Shaw, said the lights of the Octagon were troublesome to drivers, and he had made complaints to members of the Town •Board individually, asking that some of the lights be removed. This opinion was endorsed by other taxi men.. The vision was improved by putting out the lights of the car. Ben Howell, garage proprietor, Manaia, who repaired defendant’s car, said t.\it th‘- lamp injured was the one on the right-hand side coming towards Manahi. The* brakes were in fair order. He agreed that, the lights at the Octagon were detrimental to the driving of To Mr. Spratt: The question of the lights was well known, and people used to driving in at night usually took special precautions. The court rose at 6 p.m. till this morning, when His Honor will sum up.