THE COURTS.

Press, Volume LIV, Issue 16263, 13 July 1918, Page 4

THE COURTS.

SUPREME COURT.

■'Before liis Honour Justice Chapman, liis Honour Mr Justice Stringer, and his Honour Mr Justice Herdman.) MOTOR-CAll COLLISION. In H. Buseh (.Mr M. J. Gresson) v. David .Bates (Mr S. G. Raymond. K.C.j with him 31 r T. W. Rowe), a motion was moved on behalf of defendant for a new trial, and p. stay of proceedings, 011 the ground that tho verdict was against tiie weight of evidence. The accidcnt, out of which the original proceedings arose, took placo on"Julv 212 nd, 11)17, and tho hearing, bsforc "his Honour Mr Justice Chapman, was in March last, damages amounting to -S3(JO and expenses, being awarded plaintiff. About 0.-0 p.m. on ihe date of the_ accident-plain-tiff and his son were riding on a motorcyclo and side-car, .along Middle Lincoln road, when defendant's ear collided ■with them in tho vicinity of the corner of Cutler's road. It was" admitted that plaintiff had no light on his motor-cycle, a "d plaintiff nllcged that defendant was not on his propel side of the road. . i Mr Raymond referred to the versions I of the circumstance connected with tho accident, as given by plaintiff and his witnesses, and by defendant /ftud ins witnesses. Counsel emphasised ns an important factor in his case the fact that certain portions of the machinery of the motor-cyclo were discovered 37,\ft awa v froiu the machine, and that, at the lime of the accident, the motor-car was between the motor-cyclo and the site where the articles were found. Counsel submitted that tho articles must havo gone over, or through, the motor-car, or must nave boon placed where they -were found. Counsol submitted: (I) That plaintiff s version was improbable; (2) that the. defendant's Tersion was tho probable one, namely, that it was a, caso of inattention of one or the other, and the defendant alleged inattention on the part of plaintiff; (3), that defendants witnesses supported tho view that the motor-car was on its proper side of the road when the accident occurred; .and (-4) that the jury did not give due weight to tho evidence respecting tho .place at which the legging and footboard and kick-starter were iouiid, and itsrclation to the place where the accident was alleged (by plaintiff) to have tfiken place, plaintiff's version was inherently improbable, and disclosed crave discrepancies, and was contradicted by a large body of independent and coherent testimony. The jury's findings were so unreasonable that they should no stand Some light was afforded on the iuvy's findings by the fact that they found in plaintiff's favour on issue i-i) that he did not negligently drive his motor-cycle without lights, though plaintiff admitted that he did not have lights on his ntachine. . Mr Grosson argued that there was no" possible doubt that the mind of the iurv was directed the whole time to tlie point they had to determine—the question of which party was on his proper side of the road. The only questions really canvassed were as to which was on the proper side, and as to tlio credibility of tho witnesses.. Dealing with the probabilities of plaintiffs veision? counsel stated that a motor-cyclist riding without lights instinctively rode as much as possible on his proper side ot the Toad, and it was inherently improbable that, in the present,ease, plaintiff road within 0 inches of tho grass on his wrong side of the road. As supporting tho probabilities of tho plaintiff's version, there was the fact that plaintiff and tlie motor-cyclo were picked up, after tho accident, on plaintiff s proper side of the road. As to the portions of the motor-cycle found after; the accidcnt, counsel emphasised the fact that tho only evidence as to the place where they were found was that ; of defendant, and of the witness •Nairn, and the jury had disbelieved them as to the position of the motorcar, and counscl BuTvnittted that they had no reason* to believe them in respect of the nlace where the articles were found. Tho case was not one in which the jury had been prepared to find for plaintiff at all costs. The answers to tho : ssuos showed this. The damaged hub of the front right wheel of tho motor-car was proof that a part of the defendant's version was untrue, and plaintiff was entitled to. the benefit of that. Mr Raymond replied briefly. His Honour Mr Justice Chapman stated that the Court would take time to consider the matter.

MAGISTERIAL. (Before Mr T. A. B. Bailey, S.M.) DRUNKENNESS. A first ofionder was fined 5s or 24 hours' imprisonment. OBSCENE LANGUAGE. John Pommerenk© was sentenced to nine months' imprisonment on a charge of using obscene language, and was convicted and discharged on a charge of drunkenness. ASSAULT. "William Anthony Downie, charged with having committed an aggravated assault on his wife, Jessie in a public street, was ordered to find a surety of £10 that he would keep tho peace towards his wife for six months. REMANDED. Henry George Graco was remanded tor a week on charges of stealing billiard balls valued at £2 2s, and two sums of £1. BY-LAW BREACHES. Basil "Whitcombe (Mr Alpers), charged with motoring at an excessive 6peed and in a manner dangerous to the pubJic, was convicted and. fined £5 on the latter charge. Bernard Crean was fined 10s for cycling on a footpath. For cycling at night without a light, | Arthur George McLeod was fined 15s and costs, and Charles H. Bowater was oonvicted and discharged. James Nixon was fined 20s and coste for leaving a motor-car unattended by nfght without a light, and was con- ! victed and discharged on a further charge of leaving the car unattended for a period longer than five minutes. For leaving a vehicle unattended for a longer period than five minutes, William Hayward was fined 5s and costs. Herbert Francis Wait was fined 10s and costs for pillion driving. Frank Gray was fined 5s and costs for driving a motor-car without a certificate of ability.

LEESTOX. (Before Messrs W. G. Lunn and A. Chamberlain, J.P.'s.) In McDonald v. Kelleher, a case concerning an arrangement for growing potatoes, adjourned from last month, there was no appearance of either party, and the case was struck out.

On a charge of riding a motor-bicycle without a light, Robert Campbell, who did not appear, but who put in a plea of guilty, was fined 10s and costs. A charge against G. E. Hampton, of driving a vehicle without lights, was adjourned for a month, the principal witness being in the Hospital. The Ellesmero Connty Council (Mr M. S. Brown) charged Alexander Freeman with allowing 6ix head of cattle to stray on tho roads at Lakeside. Defendant, who was fined last November for a similar offence, was fined 30s and costs. Francis Thian pleaded not guilty to a charge of allowing a bull to stray on a public road at Lakeside. After evidence had been heard, a fine of 20s and costs was imposed.

ASHBURTON

(Before Mr Y. G. Day, S.M.)

A. A. Maddren proceeded against W. J. iladdren, engineer. .Wellington. itf

maintenance, end a separation order, with the custody of one child. After hearing tho evidence of complainant, the Magistrate held that the grounds were not sufficient for a separation order, but ho would make an order for the payment of 30s per week towards the maintenance of herself and child. John Doyle, farmer, Tmwald, and R. Oakley, Ovordalo, exccutors and trustees of the will of John Dojlc, doceased, claimed £60 from Joseph H. Dovle, Fairlie, being interest due. Judgment was given for plaintiffs, by default, for the full amount claimed and costs. Thomas McKay (Mr Buchanan) proceeded against li. Griffiths (Mr Orbell) for £5, being repairs, deterioration and damage to a motor-cycle caused through a collision with a horse straying on tho Willowby road on May 4th, belonging to defendant. Tho caso was adjourned I for a week.