Negligent Driving At Mexborough.

August 1891

Mexborough & Swinton Times – Friday 21 August 1891

Negligent Driving At Mexborough.

On Friday last at the Rotherham Comity Court, before His Honour, Judge Ellison, George Newhill, of Market.street, Mexborough, cab and bus proprietor, sued J. H. Agus, of Roman Terrace. Swinton, waggonette proprietor, for £7 6s., damages for injuries caused to his bus, wagonette and horses by the negligent driving of the defendant or his servant on the night of 11th April last.

Mr A. E. Hattersley (Messrs J. W. and A. E. Hattersley, Mexborough), appeared for the plaintiff, and Mr. W. M. Gichard, appeared for the defendant.

Mr. Hattersley, in opening his case, said that on Saturday night, the 11th April, the plaintiff was running a bug with two horses and a waggonette with one horse between Mexborough and Denaby Main.

The defendant was also running a large waggonette with two horses between the name places.

A little after 10 o’clock plaintiff’s wagonette left Denaby Main for Mexborough, and about fve minutes afterwards defendant’s waggonette left the same place. The plaintiff’s bus also left Mexborough for Denaby Main about the same time. When the driver of plaintiff’s wagonette had proceeded about half way on his journey from Denaby, he heard defendant’s waggonette following and saw him about forty or fifty yards off coming up the road at full gallop.

Plaintiff’s driver pulled to his proper side of the road and drove on. A little higher up the road plaintiff’s bus was coming down from Mexborough. As plaintiff’s two vehicles approached each other and only a little distance apart, defendant’s driver (who was drunk and driving furiously), began to pass plaintiff’s waggonette, and attempted to drive between the two. The road is only twenty feet wide and too narrow for three vehicles to pass abreast. Consequently before defendant’s driver could get past plaintiff’s waggonette he had collided with plaintiff’s bus, nearly smashing the same in pieces. As it rebounded from the bus it knocked op against plaintiff’s waggonette on the other side of the read, jamming the same up against the wall and doing serious damage thereto. All the vehicles were locked together, and the road was blocked for 20 minutes. In addition to the damage done to his bus and waggonette, one of plaintiffs horses was badly hurt and his harness broken. The plaintiff’s claim was therefore for the expenses incurred in repairing bus, waggonette and harness, and for damages for injuries to the horse.

Messrs. Jno. Bingham, G. W.Wagstaff, Thos. Hunt and Walter Beech gave evidence on behalf of the plaintiff, and bore out Mr. Hatteraley’s statement.

Sergeant Woods. of Wath. gave evidence as to defendant’s driver Helliwell, being drunk and quarrelsome.

Several witnesses were called by Mr. Gichard to prove that the collision occurred through the negligence of the drivers of plaintiff’s bus and waggonette.

After bearing the evidence His Honour said he had not the slightest doubt as to how the accident occurred. The plaintiff’s witnesses had given an intelligent and straightforward account of the affair. The damages appeared to be reasonable, and judgement would be for the amount claimed