THE COURTS.

Press, Volume LVIII, Issue 17470, 2 June 1922, Page 5

THE COURTS.

SUPREME COURT. CIVIL SITTINGS. (Befoiio his Honour Mr Justice Ad*m»o The civil sittings of the Supreme Court were continued yesterday before his Honour Mr Justice Adams, CLAIM FOE DAMAGES. A claim tor JE322 16a damages was m»d« on behaJi oKWilnam Uiew woods, • boy aged 11 years, by William Brow, tobacconist, Kew jiiignton (his grandfather), "* <**: fondant being JJavid riodgers, a xeurea hotelkeeper. The claim arose out of an accident, in which tiio plaintiff, a scnooiboy, was knocked down by defendants car on Seaview road, i*ew Brighton, December 13th, 1921. It was alleged that tne mishap was due to the reckless and lul management of the defendant's car. ino boy's injuries were stated to consist of ft I broken -teg, lacerated knees, and severe nerj vous shook. It was alleged that the broken ] leg had been permanently shortened. in« amount of the claim was made up of *o°l general damages and £2l 16a special damages. , . MrW.E. Irfwcelles appeared for the plaintiff and Mr C. S. Thomas, with him Mr K. A. Cutbbert, for the defendant. Mr Lascelles said that the accident occurred in Seaview road, New Brighton, near the junction of Hardy street. It would be shown that Rodgers was not driving the car at the time, but it was laid down that when the owner of a vehicle was in it and allowed another person to drive it under his control, then the owner was responsible for any acci- I dent which might occur. Two small boys, who were playing marbles at the aide ot tho road, were run down by the car, which swerved from the centre of the road. One | of the bovs was only slightly hurt, but the j other, Woods, suffered a comminuted (splintered) fracture of the right thieb, which had caused him to Temain in hospital for eight week 9, and had incurred permanent shorteni ing of the leg by half an inch or more. | His Honour said that the hospital and other expenses must be included in the general damages if the boy paid them himself. If the boy did not pay them himself they could not be claimed. Isabella Florence Bright, a marmea woman, who saw the accident, gave evidence on the lines of counsel's opening. A woman was in the driver's seat of the car, she said, and Rodgers was leaning across with his arm in front of his companion When the car stopped, Rodgere declared that the boy ran under the car. Witness said that there was nothing to obscure Rodgers s view of the boys before the accident occurwxl. Dr. H. T. D. Acland said that the fracture had made a satisfactory mend, but tne injured leg would be at ieast half an men shorter than the other. i„.s„_ Dr. F. L. Scott estimated the shortening at three-quarters of an inch. Xhless th« patient used a high heel he would develop curvature of the spine. , Clarice May Hargreaves and Muriel Yaia, eye-witnesses of the accident, corroborated the evidanoe of Mrs Bright. William Brew Woods, the injured boy aged 11 years, said tn»t he ww playing marble* on ft» Bide of the wh,n hj ,wm run down. The car struck hn fwai behind. He did not see or hear it W™«*Francis Parsonage, a ech °° fto VwL« years, who was playing marbles with Woods, also grave evidence. oi—!«* William Miller, head porter at the Cnnstchurch Public Hosoital said that he remembered tho boy beinsr brought to the hospital. Rodgers brought the boy in the car. There was a lady with him. Rodgers said that he did not know anything about the accident, as it happened 1 before he was aware of it. The lady said that she did not know there had been an accident until she felt a bump and she looked back. She said that she could not help laughing at the way tho boy bowled over and over. The woman seemed excited and Bmelt of liquor. Rodgers also smelt of liquor. Mr Thomas said that it was strange r T °- cedure to bring accusations of drink so late in the case. His Honour said that Mr could conduct the case in his own manneT. That was not the correct time to make an objection. Witness, continuing, said that Rodgere told him not to make a fuss about it, and that he would see that the boy got damngca and his expenses paid while he was in hospital. Daniel McLachlan, porter at the Hospital, gave corroborative evidence. Evidence was given by Robert Lish*body, storekeeper, at New Brighton, who doscri'icd the marks on the road at the scone of the accident. The defendant, David Rodgers, who described himself as a traveller, sa ; d . that, while on his way to town from Now Brighton, he saw a lady standing on the footpatn, and asked her if she cared for a hft irto town. She accepted, and said that the wished to ring up her sister to make an appointment. She went into the New Brighton Hotel to use the telephone. While there the lady had a, light drink and witness had a shandy. Describing the accident, witness said he saw the boys on the road and sounded his bell. The boys t'iok no notice, and suddenly dashed into the road after a' marble. One of the boys went right under the oar. Cross-examined by Mr Lascelles, , witness said that he had only seen the lady j>afsenger once since the accident. He got into touch with her by advertising in the newspapers.

iJ Dr. P. 8. Foster said that he bad oycra,g ined Woods's injured leg, and he thought j that ultimately there would be no dnaoility. There would bo no necessity for i higher 17 heel. Woods would not be subject to ;s rheumatism as a result of the accident, s Dr. C. L. Nedwill and Dr. C. H. Gould 0 also gave medical evidence. There was a d shortening of the leg at present to the extent of from Jin to Jin. Edith Sim, a married woman living at ° North Canterbury, who was in the car at '* the time of the accident, said she saw the boys crouching on the road, playing marbles. j them suddenly ran across the road in' of the car. and was run over. Witness had accepted a lift in Rod»yors*s oar. She did not know Rodgera at that time, and he had obtained her as a witness i-y ad vertising in the newspapers. Joseph Jamea Goulding, an ex-.'.onsii)!o said that he was in the police force at the time of the accident, and aad ortrnred statements from the witnesses. In reply to Mr Lasoelles, witness said that he had only a slight acquaintance with Kodhw a drink with defendant prior to the accident. At the conclusion of the evidence his Hcnour adjourned the caae till 9.30 this mowing. magisterial. THURSDAY. (Before Mr E. 1. Widdowson, S.M.) DRUNKENNESS. A first offender was fined 10s, in default 48 ! hours' imprisonment. CIVIL BUSINESS. Judgment was given for plaintiff by default in the following cases:—p. and D. Duncan, Ltd., v. J. J. Pope, £ls 3s; The New Zealand Farmers' Co-op. Association v. Georg® Henry Wright, £5 3a 8d; Samuel George Turner v. Leslie Gordon Lilly, £74; the Distributing Agency, Ltd., v. L. E. Donnythame, £ls Is 6d; W. P. Garder v A. F. Gwatkin, £1 10s 2d; Ada Adelaide Skipworth v. H. S. Brown, £U lOs; Booth, Macdonald and Co., Ltd., v. W. Poninghaus, £3O 5s 6d; Munro and Hickenbottom v. F. i Hare, £4 15s; F. D. Kestev.en v. J. C. j Sutherland, £9 15s 2d; Thomas Waddell, , Sons, and Co. v. Alexander Ferrier, £26 4s; jE. J. Cooke v. Alex. C. Finlay, £3 3s; same v. F. W. Gulliver, £lO 10s; L. A. Hulston v. A. C. Napier, £2l. JUDGMENT SUMMONS CASES. B. Black was ordered to pay, under a judgment summons, the sum of £2 14s 7d j to the Jairah Timber Co. forthwith, in default three days' imprisonment. Alfred Lee was oidered to pay Walter Bros, the sum of £3 Is forthwith, in default three days' imprisonment. I JUDGMENT RESERVED. - I Malcolm Gillies, trading: as M. Gilliea ■ and Co., land and commission agent, of 165 ! Cafihel street (,Mr H. D. Acland), proceeded against Charles G. Craddock. retired hotelkeeper, of 95 Merivale lane, Christchurch (Mr F. D. Sargent), on a claim, for £lO2, being commission at Chamber of Commerce rates on the sals of the goodwill of the lease, furniture, and stock of Tattersall's Hotel, Christchurch, to E. M. Sheedy, in or about , the month of February, 1522. | Mr Acland said defendant placed the hot®! ' in the hands of plaintiff for sale in Deoember. Plaintiff introduced Sheedy as a prospective buyer, and was supplied with particulars while Gillies was absent from Christchurch. Craddock had ultimately sold th® hotel to Sheedy. Mr Sargent said Sheedy had telephoned Craddock in regard to the purchase. Craddock, iu accepting hia offer, had been told thtre was no commission to b© p&id. i j The Magistrate reeervied his decision. j