A M ROBERTS Vs. ADSHANKS

JUDGEMENT

(1.) This is a suit by the plaintiff for damages for in--jury done to her car in a collision due to the negligence of the driver of the defendant's car.

(2.) The defendant pleads contributory negligence, and also that the collision was due to the negligence of the plaintiff's driver, and accordingly supplements his written statement by a counter-claim for damages.

(3.) The accident occurred on January 13, 1922, at 9-30 p. M. The plaintiff's car is an Overland car and her husband was being driven in it to Mahim. Mr. Roberts was seated on the rear of the car and the driver wan in the front seat driving. The accident occurred opposite the Church-Gate Street Station. Mr. Roberts did not actually see how the accident occurred, but he saw the defendant's car sixty or seventy yards ahead driven at great speed. He looked down to arrange some parcels of provisions, which were rolling about at the bottom of the car, and the next thing that he knew was that the defendant's car had crashed into his. The driver, however, did see how the accident occurred and he says that he was driving at a moderate pace of twelve to fifteen miles per hour along the right side of the road, i. e,, along the went side of the Queen's Road, when the defendant's car approached him in the opposite direction, He says the defendant's car was driven very fast at a speed of twenty-five to thirty miles per hour and that it was driven in a very irregular manner zigzagging across the road. When the defendant's car came nearer, he says it swerved to the west on to him, and then he did the only thing possible, by swerving his own car to the east, but not in time to avoid the collision. The defendant's driver on the other hand admits that he was driving at fifteen to twenty miles per hour, but he says that he was driving on his proper side of the road, i. e., the east side of the Queen's Road. He says the plaintiff's car approached him from the south at a rate of twenty to twenty-five miles an hour, and that the plaintiffs car swerved suddenly to east. He stopped his car, but it was not in time to avoid the collision and that the plaintiff's car hit his. [ His lordship here discussed the evidence on the question whether the accident was due to the negligence of the driver of the plaintiff or of the defendant and concluded :]