ROTORUA SMASH

Waikato Times, Volume 122, Issue 20496, 12 May 1938, Page 10

ROTORUA SMASH

HEARING CONCLUDES QUEBTION OF NEOLIQENOE COMMENTS BY THE JUDGE The hearing concluded in the Supreme Court, Hamilton, to-day of the Rotorua collision case in which Bessie Ashton, married (Mr M. H. Hampson), of Rotorua, claimed £IBB 12s special damages and £2OOO general damages for injuries received in & car smash at a Rotorua street intersection on July 18, 1937. Defendant* were Edward Austin Whittaker, commercial traveller, of Auckland (Mr W. J- King and Mr A. IR. Potter) and Kathleen Gordon, nurse, of Wanganui (Mr B. Haggitt). Addressing the Court, Mr King submitted that it was indisputable that Miss Gordon was 76ft. away when she first saw Whittaker on the intersection, at which time the latter’s car must have been in front of her own. If she had decreased her speed and gone straight on there would have been no accident. Further, counsel submitted, the offside i;ule applied only if the parties did not alter their courses. Mr Haggitt, speaking for Miss Gordon, suggested that if Whittaker had not failed to obey the right-hand rule the accident would never have happened, and under the circumstances counsel submitted that had Miss Gordon not tried to 6\verve clear 6he would have struck Whittaker’s car square, on the side. Mr Hampson, in closing the case for plaintiff said according to Whittaker's story defendant approached the corner in second gear because he knew the intersection to be dangerous. Counsel suggested that there were important inconsistencies between that defendant’s statement to the police and his evidence In the box. It was submitted that even more eerious than his failure to observe the right-hand rule was Whittaker’s failure to keep & proper look-out. “Entitled to e Verdict'* w The accident was caused by the negligence of one or other or both defendants, said His Honour, summingup. and consequently Mrs Ashton was entitled to a verdict. Counsel for plaintiff had been entitled to sit down after presenting the case and allow the other counsel to fight it out. He had, however, taken a different course and that should incline the Jury to give even closer attention to the evidence. Not only had negligence to be proved, however, but also that such negligence was contributory to the accident. The jury retired at 12.30 p.m. YEBTERDAY’B EVIDENCE

The case for the defendant. Miss Gordon, was opened yesterday afternoon by Mr Haggitt. who stressed the importance of the right-hand rule. In evidence Miss Gordon said that she had approached the intersection at a little over 20 miles per hour. To ITis Honour witness said she had not sounded her horn because there appeared no necessity for it. Visibility was good, the road was clear to the right, and Whittaker's car was seen as she reached the corner. It was not then close to the intersection,- and defendant went across. When the collision seemed imminent she had accelerated and swerved to the right. Had she braked she would have collided with him. Florence Rebecca Elizabeth Merritt, of Rotorua, said she had been in Miss Gordon's car at the time of the accident. Witness corroborated Miss Gordon’s evidence. “In Beoend Oear'* Called by Mr King, defendant Whittaker said he had been visiting a house in Malfroy Road, about 300 yards from the intersection. He started his car from there. Witness Knew the intersection as dangerous and had approached it in second gear at barely 15 miles per hour. When witness reached the Intersection there was a car in Ranolf Avenue, facing in the direction in which Miss Gordon was coming. Witness saw the latter much farther away, it should not have affected witness’s crossing and there was no other moving traffic. Witness had kept moving slowly until tha centre of the road was reached. Gordon's car had then shot suddenly across ihe road. Witness braked at once and pulled up in six feet, while the other car continued on its swerve, the rear hitting witness's front bumper. Witness had applied his brakes just before that and his car stopped exactly at the point of impact. Witness had sounded his horn.