MOTOR COLLISION.

Taranaki Daily News, 23 February 1922, Page 6

MOTOR COLLISION.

SOUTH TARANAKI CASE. CLAIM FOR DAMAGES. What was described by counsel as rather an unusual collision was the subject of an action begun in the Supreme Court at New Plymouth yesterday. The plaintiff was Edward Duggan, farmer, of Otakeho, and he claimpd from the Globe Motor Company, Hawera, the sum of .€2OO damages. which it was held were sustained through plaintiff’s car colliding with one of the company’s ’buses on the Main South Road, near Otakeho, on October 6of last year. Mr. P. O’Dea appeared for plaintiff and Mr. R. H. Quilliam for the defendant company. Out of the total claim for damages the cost of repairing the car accounted for £135 12s, and medical expenses were claimed in addition to £35 general damages. The following jury was empanelled: Messrs. F. Davy (foreman), W. Bamitt, A. W. Lock, and W. T. Nuttall.

It was not the usual case of a smash between vehicles in motion, plaintiff’s counsel said. On the night of the accident Duggan, who was accompanied by his* wife, was driving home in a Hudson ear. His route crossed the Otakeho stream and climbed the hill on the other side, at the top of which there was a bend. The Globe Motor Company owned a number of motor ’buses which plied between Hawera, Manaia and Opunake. On this night their mail "bus (which left Hawera for Opunake after the arrival of the express) and the other ’bus coming into Hawera from Opunake met on the bend of the road just beyond the Otakeho stream. Though it was usual for them to stop at Otakeho the ’buses for some reason had pulled up at this spot on the occasion mentioned and, it was alleged, occupier! most of the roadway. The width of the tarred road was 14ft 9in. The ’bus from Opunake pulled up on its correct side (facing Hawera), its right-hand wheel being two feet from the edge of the tar. The other ’bus had pulled up alongside all on the tar. The ’bus drivers got down from their seats and stood talking by one of the *buses. While the drivers were talking, Duggan, in his car, came round the bend. The ’bus going towards Hawera had \. ry bright lights, and Duggan thought he was meeting a car in motion. It was ten and a half chains from the corner to where the accident happened, and when Duggan had got round the bend a passenger in the Hawera ’bus, noticing him coming, warned the drivers of the approach of a car. They apparently did not take notice, and he gave them another warning when Duggan’s car was only about fifty yards away. It was only then that the drivers hurried to their vehicles. Duggan allowed what he thought was sufficient room to pass the ’bus, which was facing him. but as he went round the side of it he went smack into the back of the other ’bus. He swore he saw no tail lights on it, but one of the passengers on the other "bus said he had seen the driver hurry round to the back and do something to the tail light and he saw that it was alight, although the glass had been smashed in the accident. Duggan’s wife received injuries necessitating medical treatment, and the car was badly smashed. Mr. O’Dea said he understood the defence would be that Duggan was travelling at a terrible speed, but one of the passengers on the vehicle which was struck, a man named Martelle, who was an employee of Duggan’s, was standing up collecting parcels, and the impact did not knock him over. It was alleged that the collision had the effect of pushing the ’bus some distance, but he pointed out that there was a down grade on the road and the weight of the vehicle would be sufficient to give it an impetus. Plaintiff’s evidence related the particulars of the accident outlined by counsel. He stated that his speedometer stopped at the time of the accident and was showing fifteen miles an hour. \

In reply to His Honor he said that neither of the ’bus drivers accused him at that time of going too fast. Answering Mr. Quilliam, the witness said he did not know that his brakes were found to be defective when examined after the accident.

Evidence in support of plaintiff’s claim was given by George Hunt, farmer, Pihama, Arthur Sagar, motor salesman, Hawera, and Mrs. Sarah Duggan, wife of plaintiff. The case was proceeding when, the Court adjourned till to-day.