SUPREME COURT

Manawatu Standard, Volume LVII, Issue 202, 27 July 1937, Page 9

SUPREME COURT

PEDESTRIAN’S CLAIM. EVIDENCE FOR DEFENCE. Further evidence was heard in the Supreme Court, yesterday afternoon, in the case in which Mrs Ijllizabeth Crowther, wife of Daniel Growther, of Wellington, claimed £2755 Os 9d general and special damages from Leister George Harris, service car proprietor, RoyMervyn Blackford, driver of a cat, and Mrs Grace Marion Harris, the registered owner of the car, all of Dannevirke, as the outcome of a collision between plaintiff, as a pedestrian, and a car driveh by R. M. Blackford near the Palmerston North Chief Post Office, in September last. His Honour the Chief Justice, Sir Michael Myers, presided. Mr O. C. Mazcngarb (Wellington), with him Mr L. G. H. Sinclair, appeared for plaintiff, and Mr lan Macarthur (Wellington), instructed by Mr E. Gibbard (Dannevirke), for defendants. Mr Henry Hardwick - Smith, F.R.C.S., of 'Wellington, said that prior to the accident plaintiff was a vigorous, healthy, elderly woman. After the accident she was decrepit. This concluded the case for plaintiff. Mr Macarthur moved for judgment for defendants on the ground that plnintiff’s own case showed contributory negligence—that she did not see the car at any time. Counsel also moved for a non-suit on the same ground. Provisionally over-ruling the application, His Honour reserved leave to defendants to reopen it if necessary. R. M. Blackford, the driver of the car, gave evidence that there were four passengers in it on the trip from Dannevirke. At the Palmerston North Post Office he stopped to let some pedestrians cross the road. He then Sounded his horn, put out his right hand and proceeded to go round the traffic done to the right. Just before rounding it witness saw a car coming from Broadway. When practically round the dome he saw a car coming from the municipal bus stand. While witness’s attention was engaged on the second car a passenger next him said: “Oh! The lady!” Witness looked to the left and saw plaintiff sliding down the left front mudguard. The car’s speed was six to eight miles an hour. The car was a noisy one and was in low gear. Mrs Crowther (plaintiff) said later that witness had deliberately run into her. Later still, plaintiff and Mr Janies (plaintiff’s nephew) had held the opinion that witness had been in the wrong. ■ Cross-examined, witness said lie Would have stopped had he seen plaintiff.

Eric' Morgan, of Napier, a passenger in the car, described how the car was stopped, the horn sounded and how the two other cars approached. The driver had all his attention on the two cars. Witness did not see plaintiff. Witness had travelled in the car from Dannevirke and considered Blackford to be a most-careful driver. Mrs G. V. Berry, of Dannevirke, another passenger, said plaintiff was looking down when crossing the road. She did not appear to be looking out for traffic. Had the car been stationary she would have have walked into it. Mrs E. A. Gibbs, of Wood-f ile, another passenger, also said plaintiff was not looking for traffic, having her head down. . . , With two further witnesses to be heard for the defence the hearing was adjourned until 10 a.m. to-day.