ACCIDENT SEQUEL.

Waikato Times, Volume 119, Issue 19890, 20 May 1936, Page 9

ACCIDENT SEQUEL.

FARMER SECURES DAMAGES. ALLEGATION OF NEGLIGENCEA claim for £8 10s, damages to his car as the result of an accident, was jnade by Roy Hilton Harris, farmer, of Orini (Mr P. G. llarkness), against H. D. Desmond, carrier, of Hamilton (Mr R. D. McFarland), in the Hamilton Magistrate’s Court, yesterday, before Mr J. G. L. Hewitt, S.M.. Mr Harkness explained that plaintiff, on the morning of'Sunday, Janulary 5, was driving his small car from Gordonton to Hamilton. When approaching an intersection on his left lie saw defendant’s lorry coming out of a side road. Defendant’s truck appeared to hesitate and then advanced. Plaintiff turned sharply to left and was on the grass when he struck the rear portion of the truck. Plaintiff alleged that defendant cut the corner and failed to give way, and was therefore negligent. Evidence along these lines was given by plaintiff, his brother, Victor Harris, who was a passenger, and a lorry driver, Francis Arthur Sadd, who passed shortly afterwards. Case for Defence. Mr McFarland submitted that there was no evidence of neglect by defendant. The evidence showed that plaintiff’s car hit the rear wheel of the lorry, which was 2i feet long, it was therefore clear that defendant, who was travelling nowhere near as fast as plaintiff, reached the intersection a long time before plaintiff, and had nearly completed his turn when the accident occurred. Mr McFarland contended that bad plaintiff slowed down slightly the accident would not have occurred. Evidence on these lines was given by defendant and R. Collins, a farmer of tlie district. The magistrate, after viewing the scene of the accident, gave judgment for plaintiff for the full amount claimed, with costs-