ANOTHER MOTOR SMASH.

Taranaki Daily News, 1 September 1922, Page 6

ANOTHER MOTOR SMASH.

ALLEGED NEGLIGENCE. CLAIM AND COUNTER CLAIM. Another motor collision case came up for hearing at the Supreme Court at New Plymouth yesterday, when Edward Jackson, New Plymouth, farmer and land agent, sought to recover from Arthur John Smith, Urenui, motor omnibus proprietor, the sum of £750 as damages arising out of a motor collision on the Waitara-Urenui Road near the golf links. The defendant counter-claimed for £5OO. The statement of claim set out that on June 1, 1922, the defendant’s servant so negligently drove and managed a motor omnibus on the Waitara-New Plymouth Road that it collided with a motor car belonging to and driven by the plaintiff, whereby he had suffered damages as under: —Medical expenses, £3O; damage to motor car, £300; and general damages, £420. He, therefore, sought to recover the total of £750, as well as the costs of the action and such other relief as the Court saw fit to award.

'[’he statement of defence and counterclaim denied the allegations of the plaintiff. and alleged that the collision was caused by the negligent driving of the plaintiff'. The defendant therefore coun-ter-claimed for £435 as damages to the omnibus, £3O for loss of business through being prevented froxn using the bus, general damages to the extent of £25, and £lO for hire of vehicles to replace the bus, a total of .£5OO. The following jury was empanelled: Messrs. A. P. Gordon, F. Hoskin, B. L. Longstaff, G. M. Longstaff. L. G. Allsop, L. Little, N. Knox. G. W: Turnbull, T. Furlong. F. E. Gadd, F. Hatcher and A. J. Perrott. Mr. T. Furlong was appointed foreman. Mr. R. H. Quilliam appeared for the plaintiff, and Mr. C. H. Weston, with Mr. H. R. Billing, for the defendant, PLAINTIFF’S CASE.

The plaintiff was' the first witness called, and stated that he first saw the bus when he was near some pine trees just beyond the golf links, the bus just coming round a corner. They were both then driving in the of the road. As he passed the trees he noticed that the bus had gone over to its wrong side. Just previously he had tossed a cigarette out of the ear. and it was immediately after he had done this that he saw the bus change over. They were then about ten chains apart. Witness moved to his correct side of the road when they were about seven chains apart, but as they approached each other there was no sign of the bus moving over to its right side. Witness contemplated moving over to his wrong side, but considered it his duty to stick to his right side, and the two vehicles met head on. He did not notice any attempt on the part of the bus to give way, and he estimated that both machines were travelling at a similar speed. He did not reduce speed, as he did not think there was going to be a collision. The impact drove witness’ steering wheel into his breast, while the bonnets of the two machines were swung round towards the centre of the road. Witness stepped out of the car, but as soon as he had put his weight on his right leg he fell, and found that his knee was broken.

Witness gave details of the positions of the wheels of his machine after the collision, and stated that the left side of the car had received the shock, the bus taking it on the right side. He had driven a car for ten years, and estimated that he had done over 100,000 miles in that machine, while in another car he had driven about 13,000 miles without having previously had an accident. After the collision he had been confined to his house for four weeks and consequently could not supervise his two farms which he share milked, nor had he been able to carry on his other business as a land agent.

One day, in Devon Street, the driver of the motor bus approached him, and witness asked him why he had pulled over to his wrong side. The driver replied that he thought witness had made a siginal when he threw out his cigarette. Witness remarked that they were then ten chains apart, and then asked why he hadn’t pulled over when he saw him (witness) on his correct side. The driver replied that it was too late, but he had stood up with his arms round the wheel and had tried to wrench the car over.

To Mr. Weston: He had not been dazed by the collision, and had not asked the bystanders to go for a doctor. The cigarette was in a holder, from which he removed the cigarette before tossing it out. It would not be correct to say that he removed both cigarette and holder from his mouth and fumbled with them outside the car to extract the cigarette from the holder. Continuing, witness said he had never discussed the accident with anyone after it occurred. Someone had advised him to lie down, and had said he looked as though he were going to faint. Fowler would have a dangerous imagination in saying what he alleged witness had said.

OTHER WITNESSES. Louis C. Sladden, surveyor, New Plymouth, produced a plan of the locality of the collision. The metal road was 16ft wide, and had been tar-sealed originally for the whole width, but the top coat at present was irregular, being anything from fourteen to fifteen feet across. There was level ground at either side of the tar-sealing at the scene of the collision. Dr. D. Blackley, New Plymouth, described the injuries sustained by plaintiff. He had a fracture of the knee-cap, bruising and extravasation of the muscles above the knee, and bruising of the muscles of the chest. The knee cap was in three pieces. Plaintiff was still under his care, and was likely to be so for some months to come. William James Barr, farmer, Eltham, a passenger in the back seat of Jackson’s car, said that when he espied the bus they were both in the centre of the road. When they were about ten chains away he notired Jackson remove the cigarette from his mouth and the bus then pulled over to the wrong side. Jackson moved to his correct side, and the driver of the bus appeared to endeavor to give room, but the collision occurred. To Mr. Weston: He considered that when Jackson had his hand out of the [car he was endeavoring to put his cigarette out. The bus moved over to its i wrong side when Jackson put his hand out. e He could not remember remarking |o a la4y passenger ©i the bu® that be

thought Jackson had cigarette *uih in his He was excited, however, and may have said it. Douglas Pratt Simpson, farmer, Ngaere, said he was in the front seat with Jackson when the collision occurred. He corroborated the evidence of the previous witnesses concerning the position of the vehicles on the road until some cigarette ash got into his eye. When he looked up again the bus was about 100 yards away on its wrong side, while Jackson was pulling over to his correct side. The machines met head on, and he recei”ed an injury to his eye. John Barr, farmer, Whenuakura, gave evidence concerning the positions of the cars as they approached. Cross-examined, he said that when Jackson threw out his cigarette the car swerved slightly over to its right, and then Jackson headed gradually for his correct side of the road. James Henry Mortlock, motor garage proprietor, Hawera estimated that the materials for repairs to Jackson’s car would cost £169 IDs, the labor £lOO, to which total £269 10s and another £3O should probably be added for items not yet apparent. In answer to Mr. Weeton, witness said he was not allowing fur all new materials in his repairs. On the tyres produced there was sign of tar marks or of bruises caused by skidding. This closed the case for the plaintiff, Mr. Quilliam producing Jackson’s cig-arette-holder which he used that day. THE DEFENCE. In opening the case for the defence, Mr. Weston briefly addressed the jury on the evidence he would lead, and then called on Victor Griffiths, architect, New Plymouth, to produce plans of the locality made just after the accident. Witness stated that on that stretch of the road the average width of the tarsealing was 13 feet 6 inches. Approximately 34 feet from an oil stain at the point of impact commenced the skid marks shown on the plan. Witness proceeded to give details of the exact measurement of the skid marks from | either side of the road. i To Mr. Quilliam: There was clay on the bank, but more on. either side of the actual road. The "skid marks were gouged into the ashphalt. William Percy Feek, driver of the motor bus, said he had been in Smith’s employ for 18 months and during that time had made two trips daily in and out from Waitara to New Plymouth. The bus had a left-hand drive and he used the accelerator instead of the throttle. He had a speedometer on the ’bus and his average speed was round about 25 miles per hour. Feek then gave his version of the accident. As he turned the corner he noticed Jackson on his wrong side, but not quite so much over as he afterwards became. As he approached Jackson swerved twice to his right and witness thought that he was in diffiiulties or had a puncture. Just then Jackson put out his hand, thus causing witness to go over to his wrong side. As Jackson crossed over, and as they came closer, witness made a final effort to get back to his correct side, but the collision occurred. From the time witness began to wonder what was happening he had begun to slow down. When Jackson was on his wrong side witness considered, from the sand that was being thrown up, that he was rig-lit off the metal. Jackson’s hand going out made witness think that he wanted the right side of the road, so witness gave it to him. His machine was badly damaged on the left side. There were tar marks on Jackson’s tyres. Replying to Mr. Quilliam, witness said Jackson ran to the right of the road twice. He was about 80 yards away when he put out his hand and the whole of his car was then on the soft part of the road. No complaints had been made to him personally about not giving room on the road, although his employer had mentioned that a couple of complaints had been made. He was travelling about 25 miles an hour when he turned the corner and about 20 when the collision occurred. He was not apprehensive of an accident until the vehicles were about 12 to 20 feet apart and he saw that he could not get out of it. Had the supposed signal not been given he would not have gone over to l his wrong side. Almost every day he saw signals made in a similar way to that made by Jackson. He agreed with counsel as to the proper method of making signal, but it was not always done. As far as he knew no part of his machine went off the asphalt. Re-examined by Mr. Weston, witness said, with reference to a previous statement, he meant that the two right-hand wheels of Jackson’s car were out on the soft part of the road. William J. Terrell, butcher’s assistant, Waitara, and a passenger in the ’bus, corroborated the evidence of the previous witness regarding the movements of the vehicles, except that he put the speed of the ’bus down at 10 miles per hour. After Jackson put out his hand Feek moved over to his wrong side, but Jackson then came over and the collision occurred. He saw the skid marks and the oil and water stains on the road.

To Mr. Quilliam: He was quite sure that the vehicles were about a chain and a half to two chains apart when Jackson’s hand went out. At that time the greater part of the car was off the asphalt. He considered that Jackson kept his hand <jut for thirty seconds and also that the ’bus had nearly stopped before the collision. He was also sure that the ’bus had not got over to its wrong side. He was certain that no part of the ’bus had got across the centre of the road and that the collision had occurred on Feek’s correct side. Jackson’s car did not get across to its correct side.

The Court adjourned at this stage till 9.30 this morning.