MAGISTRATE'S COURT.

Dominion, Volume 3, Issue 833, 3 June 1910, Page 9

MAGISTRATE'S COURT.

(Beforo Mr. AY. G. Biddell, S.M.) CHAUFFEUR'S RESPONSIBILITY. LADY EXJKT IN MANNERS STREET. As a result of a motor-car accident in Manners Street, on- Hie evening of April 30, the driver of the car, Frank Wilson, was charged (1) with having driven a motor-car in Manners Street at a speed dangeiNiiis to tho public, and (2) with recklessly driving a motor-car in the Same thoroughfare. Sub-Inspector Norwood conducted tho case for tho prosecution, and Mr. P. W. Jackson appeared for the defence. A plea of not guilty (vas entered inboth cases. Jane Guthrie, wifo of AVm. Guthrie, stated that she was in Manners Street with her husband on the evening of April 30. Witness left her husband on file footpath near the New Zealander Hotel, and' proceeded to cross to the other side of the street. Sho had only gone two or three steps when a motor-car cam® along and struck her. No horn to her knowledge was blown, and when she lirst observed the cur it was about a yard distant. from her, and going very fast. As a result of injuries sustained she had to go into the hospital for a fortnight. To Mr. .Tackson: When she left tho footpath the road appeared to be clear. She would swear that no horn was blown by the motor-car, and would maintain this even if a number of witnesses swore that, they had heard such. Wm. J. Gulhrie, husband of tho lpsx witness, deposed that bis wife had not gone moro than two yards beforo sho was knocked down by a n.otor-car, which was, in witness's opinion, going at 12 or 15 miles an hour. The two near wheels passed over Mrs. Guthrie. The passengers iii the eai—about four men—were waving I heir hands and shouting to the girls. They did not scorn to know what they were doing. Win. Jlarlowo, nn eye-wili.css, described the accident. Ito would say tlmt tho car was going at. about 12 miles an hour. 110 heard no warning horn. Constable ITanlon stated t hat lie was (itanding at the corner of Cornhill and Manners Streets at tho time of the acci-di-ni. and saw a motor-cnr coming alon.:* from (ho direction of Willis Street. ITis attention was drawn to tho ear, as ho thought it was going at too great a speed for safety. When the car got near th<! New Zealander Hotel a woman stepped nut on to the road, and the car struck lirr and knocke-d her down. She was rolled over and over, like a ball, undeineath the car, beforo the back wheel

passed over her. The passengers in tlie car wore singing and laughing just before the accident. Wilson made a statement to witness that ho was driving three pussengeis along Manners Street when ho saw Mrs. Guthrie step off the footpath. He said he blew his horn, and tho woman doubled back and fell. He also stated that ho pulled up immediately, but by that time tho car wheels had passed over Mrs. Guthrie. Ho did not liear any horn blown. The car would bo going at from eight to twelve miles an hour. . This concluded the case for the prosecution. Frank Wilson, chauffeur, stated that he was driving three young men along Manners Street on the night of tho accident. He was going very slowly—about four miles an hour—and was blowing his horn all the way along the street. The woman stepped off the footpath in front of the car, and suddenly turned round and stumbled, falling in front of tho car. He could not possibly have avoided an accident. The passengers in his caT were not making any noise. He pulled the car up in its own length. Harold Tomlinson, a youth, one of the passengers in tho car, stated that Mrs. Guthrie appeared to lose her head when tho horn was sounded, and stepped back on to the front of the car. The horn was blown at intervals all the way along the street. There was no singing in the car, but there was some noise in another car which was following. Evidence of a similar nature was given by Clias. Christeson, another occupant of the car, and a number of other witnesses were called in the endeavour to prove that the car was proceeding slowly and that the horn was sounded. His Worship remarked on the conflicting evidence in regard to speed and as to whether or not the horn was blown. He did not think it possible for a car to travel at 12 miles an hour in a crowded thoroughfare such as Manners Street was at the time of the accident. The horn was probably blown on several occasions, but ho was not prepared to say on the evidence' that it was blown immediately before tho car struck the woman. Neithe? waf» ho satisfied that the. woman doubled back as described. Defendant must be convicted. Whatever penalty was fixed would not be a penalty for defendant's negligence, but as a warning to car drivers in general On the charge of driving recklessly a conviction and fine of ,£3, and costs 275., was entered. The other information was withdrawn. Security for appeal was fixed in the sum of -£10. J

DESERTION ALLEGED. Henry Augustus Quinton, charged with having oil Slay 28 at Cliristcliurch deserted his wife, was remanded to appear at Christchurch on Juno 4. INSOBIRETY. Isidore Jiicobus was charged—(l) with insobriety, and (2) with procuring liquor during the currency of a prohibition order. Tho polico stated that this was defendant's second- breach of the order within a very short time. There were fivn previous convictions against Jacobus for drunkenness within- the past six months. Accused pleaded hard for another chance. His Worship remarked that there was no room in the Pakatoa Inebriates Home at present, and consequently accused would be convicted and sentenced to six weeks' imprisonment on the first charge. He would be convicted and discharged on the other information. One first offender for drunkenness was fined 10s., and two others were convicted and discharged.

CIVIL BUSINESS.

(Before Mr. W. It. Haseldon, S.M., UNDEFENDED CASES. Judgment was entered for plaintiff by default of defendant in the ' following civil cases:—A. Iv. Boyd v. K. Nini, .£l4, costs .£1 25.; John Edward Fitzgerald v. John Ward, .£3 9s. Gd., costs 55.; New Zealand Acetylene Gas Company, Ltd. v. James Kelly, .£SO Bs., costs .£3 15s. j Patrick Joseph O'ltegan and Cccil Eoss'Dix v. E. Glanville Hicks, 15s. 6d., costs ss. ; N. E. Gibbs, as liquidator Palmer: Elifeineering Company, Ltd., v. J. Ilobbs, ,£143 12s. Sd., costs d'G lis. Gd.; Ernest Jonos and Chas. Reiche, £5 4s. Id., costs ,£1 3s. Sd.; same v. John Stannard, £2 7s. 9d., costs 10s.; same v. W. Durling, .£5 Os. rf;l., costs .£1 3s. Gd.; Ellen Friers v. Alfred George Friers, ,£27 10s., costs .£2 145.; United Asbestos Australasian Agency Company, Ltd., v. Hawkins and Wilson, <£1 25., costs 55.; Violet Stark v. Frederick Wm. Anthony, ill, costs £1 10s. Gd.; Walter J. Westwood v. George Alfred M'Kenzie, .£3 lis., costs 10s.; W. J. Montgomery v. Froggatt and Thomas, £7 19s. 2d., costs .£1 3s. Gd.; A. Adams v. Richard Andrews, .£3 lGs. lid., costs 195.; 11. Heiniann v. George Gardner, XI os., costs 55.; Jas. Smith, Ltd. v. Wm. Adlam, .£1 10s. 10d., costs 10s.; Stewart Timber Company v. Robert H. Houghton, £1 13s. 9d., costs 65.; same v. Will; Alia way, .£5 3s. Bd., costs Bs.; Wellington Bakers' Union v. Alfred E. H. Styles.'l9s!, costs, 55.; same v. Wm. J. Harris, £1 25., costs 55.; John Woods v. Jas. Halliday, j£GO, costs £i Is.; Gilbert Macdougall and Geo. England v. Walter G. Williams, £7 Is. od.; costs Bs.; Welsbach Light Company v. Albert 11. Pickering and David A. Pickering, <£11 Is. Gd., costs i£l 10s. Gd. JUDGMENT SUMMONSES.' In the judgment summons case Duncan and M'lntosh v. Walter F. Moore, a debt of J!3 15s. 7d., debtor was ordered, to pny on or before Juno 16, in default three days' imprisonment. In the case Roberts N.Z., Ltd. v. Frank Hodgson, a debt of ,£8 4s. Id., debtor was ordered to pay on or before June IG, in default seven days' imprisonment. • No orders wcro made in the cases Walter G. Emeny • v. Owen Osborne, a debt of £2, and .Maria Cooko v. M. Demutli, a debt of .£l4 15s. Gd. AWARDS AND INDUSTRIAL. HOTEL lUTCHENMAN'S CASE. The Inspector of Awards proceeded against Louis Percival O'Brien, licensee of the Metropolitan Hotel, for an alleged breach of the Cooks' and Waiters' Award by employing a kitchennian at a less rate of wage than that provided by tho award. Mr. M'Grath, who appeared for the defendant, explained that the breach' had not been committed intentionally. Defendant was under tile impression that tho award had expired, and had paid tho kitchennian 255. per week, instead of 30s. On being informed that the award remained in force until it was superseded by a new one, defendant immediately paid the kitchennian 30s. a week, and also made up all tho back wages. A nominal fine of, 20s. was imposed. FENCING CLAIM. James Reid and Richard Keene (Mr. Bcerc) claimed against Chas. F. Reeves (Mr. Blair) for .£89.155. 7d., in connection with the erection of a dividing fence between properties owned by the parties. His Worship gave judgment for plaintiffs for JMO 155., and costs .04 7s. COMMISSION. The hearing of the case of Leonard and Co., commission agents (Mr. Blair) versus David Lewis O'Donnell, builder (Mr. A. R. Atkinson), was concluded. Plaintiffs claimed .£SO as commission on a land transaction. Defendant admitted liability for <£35, which amount was paid into Court. Plaintiffs claimed .£SO, on the ground that a special arrangement had been made for tho payment of that sum as commission ill regard to the sale of certain land and a bouse erected thereon. Defendant contended that plaintiffs never had the property on their books, the arrangement being that if they introduced a purchaser to the defendant they were to get tho usual commission on the ;CI2OO, for which tile property was sold. ' Judgment was given for plaintiff for .£36 ss. Costs amounting to -£3 wero allowed the defendant. MASTER SUES A SERVANT. A somewhat unusual ease was one in which Jas. Reid, taxi-cab proprietor (Air. Short), sued Will. 11. Trengrove, chauffeur (Mr. Machell), for .I'll 10s. Some time ago plaintiff was mulcted in the amount of the claim, as the result of a civil action brought against him as the

owner of a motor-car, which collided with, and damaged, Ellison's bicycle. Defendant Trengrove was tho driver of tho car, and plaintiff now claimed to recover the amount of damages and costs which had fallen on him as a result of tho driver's negligence. His Worship gave judgment for plaintiff for the amount claimed, aud costs JI3.

' EMPLOYEE OE PARTNER? C. R. Pearce and Co., painters, were proceeded against by the Inspector of Awards for an alleged breach of the Painters' Award, in that they had failed to pay an employee his wages weekly. For the defence, it was urged that the alleged employee was really a partner, and was not to be paid wages, but was to share in the profits of the contract. The case was adjourned for a month to enable tho employee in question to bring a civil action against Pearce and Co. for tho payment of wages for the period in question. Mr. Luke appeared for defendants. \