HONOURS EVEN.

Auckland Star, Volume LX, Issue 227, 25 September 1929, Page 11

HONOURS EVEN.

SMILING LITIGANTS

CLASP HANDS IX COURT.

"It is quite refreshing," remarked Mr. F. IT. Leviei), S.M., at the end of a case at the Magistrate's Court, "to hear a case like this one in which both parties have given their evidence so honestly." The case was one in which H. G. Cutler (Mr. Holmden) sued George Stuart (Mr. W. King) to recover £30 14/5, to which a counter-claim -was entered by defendant for £17 5/. The case arose out of a collision between motor vehicles. Plaintiff was driving along the Great North Road when defendant was backing out of a garage, and the two vehicles came into collision. After listening to a number of witnesses, his Worship said that from the evidence adduced, he could not see any sign of negligence on the part of either party. The plaintiff had failed to show that the accident was due to negligence on the part of defendant. Equally, defendant had failed to show there had been negligence on the part of the plaintiff. It seemed to have been a puru accident. One party had a right to back his car out of the garage, and the other had the right to be driving along the road at the time. The other cars had a right to be standing at a garage where they happened to be at the time, though they.did obscure the view. It was said plaintiff ought to have seen defendant, but that argument might just as fairly be used the other way on. There was no point that could be argued for one side that could not with equal force be used on the other. Under such circumstances, all he could do was to give judgment for defendant on the claim, and for plaintiff on the counter-claim, each party to pay their own costs.

Plaintiff here rose to liis feet with a smile and extended his hand across the table to defendant, who gripped it, also smiling, and .thus terminated a most unusual scene in a Courthouse.