A MOTOR COLLISION.

Taranaki Daily News, 4 May 1922, Page 7

A MOTOR COLLISION.

CASE WITH A HISTORY. ACCIDENT NEAR ELTHAM. SUPREME OOURT DECISION. Judgment has been given by His Honour Mr. Justice Chapman in a case which was described at the last sitting of the Supreme Court in New Plymouth as “a much-litigated matter.” It concerns an appeal against the decision of Mr. T. A. B. Bailey, S.M., in a collision case heard at Eltham on July 27, 1921, and it was the second occasion on which the ■Supreme Court was asked to review the magistrate’s decision in this case. The appellant was T. H. Fever, of Eltham, and the respondent was Ben Booker, of Wallath Road, Westown, New Plymouth. The amount of the claim involved is £l's7 7s 9d. The circumstances concerned a collision which occurred between the parties’ cars on Burke’s Hill, near Eltham. The date of the accident was April 23, 1920. Subsequently 'Fever took Court proceedings to recover damages from Booker, and t'he magistrate found in favour of Booker. An appeal was made against this decision, and came before His Honor Mr. Justice Hosking in the Supreme Court at New Plymouth on February 8, 1921, when the case was referred back to the magistrate for rehearing. In the course of his decision, the Judge says: “The history of the litigation has been exceptional and unfortunate. The plaintiff, now appellant, had his motor-car damaged in a collision with that of respondeent (Booker). He sued in the Magistrate’s Court to recover £137 7s 9d damages from the respondent, on the ground of negligence in the latter’s management of his car. The magistrate deci decl in Booker’s favour. This judgment on appeal was set aside in this Court and a new trial ordered by Mr. Justice Hosking, who found himself unable to give final judgment by reason of the scanty form in which the notes of evidence reached him.

“The case was heard a second time by the magistrate, who had more copious evidence, but again with the result of exoneration of the respondent. From this decision the plaintiff now’ appeals. Incidentally, it may 'be mentioned that in the interval between the first appeal and the second hearing the appellant applied to have the case removed into this Court. This was properly refused by Mr. Justice Reed.”

In proceeding to review the facts, His Honor says that though the evidence was conflicting in minor matters, the main facts appeared to be common ground. The collision occurred at about a quar-ter-past six on the evening of April 23, 1920, at Burke’s Hill, on the ElthamKaponga Road. Both cars were lighted. Fever was going down hill towards Eltliam, and Booker was ascending towards Kaponga. The judgment points out that up to a pertain distance from the point of collision Booker was on his wrong side, and the onus was on him up to this stage of showing that the act being on the wrong side was not the cause of the collision. Bis Honour gives judgment for the appellant for the damages suffered by him. These he assessed provisionally at £137 7s 9d. He could not, however, give final judgment, as according to the evidence of the witness (Walsh) the repairs were put at a higher figure. It ought not, however, to be difficult for the parties to arrive at a conclusion. Appellant was allowed costs of both hearings iu the Magistrate’s Court, with expenses and disbursements, together with the sum allowed by Mr. Justice Hoskng as the costs of the appeal heard by him. His Honor allowed the cost ot the present appeal at £lO 10s.