CLAIM FOR DAMAGES.

Taranaki Daily News, 24 February 1922, Page 6

CLAIM FOR DAMAGES.

A MOTOR COLLISION. VERDICT FOR PLAINTIFF. The Supreme Court at New Plymouth was engaged yesterday with the continuation of the case in which Edward Duggan, farmer, of Otakeho, claimed £2OO damages from the Globe Motor Company, of Hawera. The claim arose out of a motor collision near Otakeho on the night of October 6 last, between plaintiff’s ear and one of t’.e company’s ’buses. Mr. P. O’Dea appeared for plaintiff and Mr. H. Quilliam for the company, who filed" a counter-claim for £l2l. * , J The case for plaintiff wac concluded, further evidence being given by Edward Martelli, of Otakeho, and George Barr Brown, of Opunake. Addressing the jury on behalf of the defence Mr. Quilliam said there were two questions which had to be decided in this case: firstly, as to whether the defendant was guilty of negligence, and secondly, as to whether plaintiff was negligent. The company had put in a counter-claim for damages caused to the Cadillac car through being crashed into by Duggan’s car. The company alleged that the whole of the trouble was due entirely to the negligence of the plaintiff. 'The lights of Duggan’s car must have been showing right on to the back of the big ’bus, which should have enabled him to avoid an accident. The negligence which was apparently alleged by plaintiff was that the company’s cars were in a position that they should not have been, and secondly that there was no tail light on the Cadillac car. As to the positions of the vehicles, counsel said evidence to be called on behalf of the defendants would show that there was a considerable distance between the cars, probably 18 yards, measured on an angle, and there was 13 feet of asphalt available for any driver coming along who wished to pass. It was contended, however, that it did not matter where the cars were. If a man coming along at fifteen miles an hour, with good lights on his car, could not see an object of the size of a big Cadillac ’bus, he had no right to be on the road at all. The ’bus which faced Duggan was drawn up on the side of the road with some feet of the body off the asphalt. The other *bus which was struck from behind by Duggan’s car was moved about 75 yards by the force ot the impact; while it was moving the driver had raced alongside, jumped on the footboard, and applied the brakes. The tail lamp was burning as the lights on the car were run on the series system and if the front Hghts were switched on the rear light would also 'be on. There was also evidence to'support this point, too, and it was not'correct to infer that the driver Rea had switched on the light after the accident. It was alleged that Duggan was not keeping a proper look-out; that he assumed, without any proper reason, that the road was clear, and that he must have been travelling at an unreasonably fast pace. The company claimed against Duggan recompense for repairs to car, depreciation and loss of profit, amounting to £l2l 9s 6d. A good deal of evidence was given for the defence. The witnesses included the drivers of the two ’buses, Francis Rea and Ohas. Coultart, Constable Scan hell, of Manaia, Henry Flan, manager of the Globe Company, and the following passengers in the ’bus: Miss Violet M. Mackie, David Jones, Manaia, and James Clement, Awatuna.

In summing up His Honor remarked that the case was responsible for some very contradictory evidence and the jury would have to see if they could obtain any clear view of what actually occurred. He had dealt with many collision cases but he had not previously experienced a case in which two vehicles were stopped, each taking up a fair portion of the road (professedly leaving a fair space between them), and in which a moving car coming from behind had struck one of the stationary vehicles. His Honor concluded by putting a number of formal questions for the consideration of the jury. The jury retired at 5.35 p.m. and returned at 7.45 p.m. with a verdict for plaintiff, who was awarded £143 14s damages. Judgment was entered accordingly with costs.