MAGISTRATE'S COURT.

Dominion, Volume 3, Issue 837, 8 June 1910, Page 9

MAGISTRATE'S COURT.

(Before Mr. W. R. Haselden, S.M.) AN EARLY MORNING COLLISION. MOTOR AND MILK-CART. Joseph lloorc, dairyman (Mr. A. R. Atkinson), pro'cced-ed civilly ■ against Thomas Inglis, motor-car dealer (Mr. Von liaastJ, the action being taken in consequence of 1 a collision between a lutor-car and a milk-cart. , Tho statement of claim set out that a motor-car under tho charge of one of defendant's servants was so negligently, unskilfully, und recklessly driveii along the Island Bay Parade that it collided with a spring-cart belonging to plaintiff. Tho cart, harness, and lamp woro broken and damaged, and plainl.iif was put. to tho expense of hiring another cart and harness, and suffered loss of business and profits. I'laintiif consequently claimed J!SO damages. In his opening, counsel for plaintiff said tho collision occurred at about 4.30 or 5 a.m. on April 12, when tho motorcar was travelling from Wellington to Island Bay with a load of Dominion newspapers. Plaintiff and his boy wore bringing a milk-cart and u led horsu along from Island Bay towards town. In order to 'open a gate, plaintiff found it necessary to summon the boy to leave the cart. Tho latter locked the wheel, and left tho cart standing on its proper side of tho rood. There was a light on the offside of the cart. Presently tho boy was sent hack to stand bv tho cart, but before ho could reach it the car crashed into.it. The car was on the wrong side of the road, and was running at between 20 and 30 miles an hour.

Joseph Moore, dairyman, gave details on the lines of tho foregoing, and further evidence of a liko nature was given by Claude O'Flalierty (employed by the plaintiff). Constable Redieau was also called.

Counsel for the defence contended that I lie car was coming down the incline at a speed of between 15 and 20 miles an hour, which, it was urged, was a reasonable speed having regard to tho wholo of the circumstances. Tho road, was one in which there was little or no traffic iii the early morning. Defendant, would swear that thero was no light on the cart. In any event, plaintiff was guilty of contributory negligence in leaving the cart and horse on the road unattended. Harry Budd, driver for Inglis Bros., stated that he was driving Tjie Dominion motor car 011 the morning of the accident. Just before the accident, tho car was probably doing 17 miles an hour," but ho had just throttled tho engine down and was slowing up because it was darker at tho foot of the road than on the hill. Thoro was 110 light 011 tho cart which tho car collided with Vincent Mason, employed to deliver Tub Dominion at Island Bay, stated that 110 v;ns in the car, which was travelling at 17 or 18 miles an hour. Something dark loomed up about two yards before the car hit the cart. There was no light 011 it. Witness was thrown out of the • cur and did not know any more until lie came to in a chemist's shop. Clias. ffm. Thompson, who was also in the cm, savo evidence of a similar nature, and testified as to tho position* of the motor-car and tho cart after tho aonirien'. ' His Worship tcservod his decision until Juno 14. CONTRACT FOB ADV3TITISING. John Norton, newspaper proprietor (Jlr. Dunn), claimed -C'2s 15s. from C. A. Jolly and John G. Wilson (llr. Blair), amount alleged to be due on an advertising contract. His Worship gave judgment for plaintiff for tho amount claimed, and costs >£1 17s,

SUCCESS!?irr, claim. Reserved judgment was delivered by Mr. W. R. Jlaselclen, S.M., in the casn John Win, Mackny, commission agent (Mr. Hislop), v. Win. Forking, builder, etc. (Mr. A. 11. Atkinson), n claim for XBl 10s. Plaintiff in the course of his case had urged that ho had been employed by defendant to introduce a person who would exchnngo certain farm hinds for city property owned by defendant. Plaintiff claimed that he introduced n person who entered .into a binding contract with defendant to exchange a farm at To tloro for his city properties. Having done this, plaintiff confended that he was entitled to 21 per ccnt. commission on the value of the country property lo be exchanged. After (he matter had gone out of plaintiff's hands, and an agreement had been entered into between defendant and the owner of the country property, defendant foun.l that there was a mortgage on the country property, and the exchange htul not been brought It had been provided in the agreement, said defendant, tint the land to be exchanged should be free of ■ mortgage. His Worship gave judgment for plaintiff for «£S-1 10s., and costs <£7 -Is. UNDEFENDED CASES. Judgment was entered for plaintiff by default of defendant in the following undefended civil cases:—George Doughty and Co. v. Herbert Mercer, 55., costs 10s.; David Anderson and Son v. Andrew Murray, .£4 18s. 3d., costs 10s.; S. Philp v. Andrew Reid, c£7, costs t £l 3s. fid.; David A. Eberlet v. Louisa Harding Toomer, ,£3, costs 10s.; L. Caselberg and Co., Ltd. v. George Richard Wcstcott, r£7 4«. fld., costs <■£! 3s. Gd.; Houlder and JTennecker v. "William Leer, ss. sd„ costs 6s.} same v. John' Bramwell, <£6 13s. fid., costs .CI ss. Gd.; Ellen Mooro v. Walter Charles Stevens, ,£lO 10s., costs £1 10s. Gd.; John Edward Butler, Ltd. v. Thomas Donovan, .£l7 35., costs 155.; William George Emeny v. Albert James, £5 13s. Gd., costs «£1 3s. Gd.; City Printing Company v. Richard Pratt, 10s. 9d.; costs 55.; Cadbury Bros., Ltd. v. Mrs. Clara Gibson, «£1 12s. 7d., costs 55.; P. Mackin v. Percy Greenwood Taylor, <£18 Gs. fid. 13s' fid.; Gear Meat Com- 1 panv v. Thomas M'lvor. £1 18s. 7d.. costs ! 55.; same v. William Low, £% lis. fid., costs 10s.; same v. Thomas William Mnraulov; M 2s. fid., costs 135.; same v. W. G. White. £2 lis. 7d., costs 10s.; same v. Mrs. E. Silberg, 16s. id., costs ss. JUDGMENT SUMMONS. In the judgment summons case Jessie Packer v. E. Barnes, a debt' of ,£3 155., defendant was ordered to pay the amount forthwith in default seven days 1 imprisonment, the warrant to bo suspended so long as defendant paid 20s. a month. POLICE BUSINESS. | A LIGHT CHARGE-SIIEET. ! Tho only business on the police chargesheet was a charge of insobriety against a first, offender for drunkenness,, and a fine of 55., with the alternative of 2*l hours' imprisonment was imposed.