CIVIL BUSINESS.

Dominion, Volume 3, Issue 876, 23 July 1910, Page 15

CIVIL BUSINESS.

(Before Mr. W, R- Hasoklen, S.M.) AN ATJTO. AND A VAN Further cvidenco was taken regarding tho claim for £13 125., damage to horse and harness, and for services of veterinary surgeon, madb by O'Brien and Co., carriers, a«ainsfc Dr. J. S. Elliott. Mr. Wilford (for tho plaintiff company) stated that, on March 10, defendant's motor-car backed on to the polo .of a van owned by plaintiffs, who wero delivering goods at a shop in Constable Street, ihis startled tho horses, tho swinglo-treo of tho van broke, and one of tho horses bolted, and was injured. Sir. Gray, for defendant, entered a counter-claim for £1 10s., for damages to his motor-car, alleging that the injuries wore caused through tho negligence of tho driver of tho van leaving his horses unattended, and thus not having complete control over themDr. Elliott, in evidence, 1 stated that ho passed the van. and stopped his car about thirteen feet ahead of it. Ho then-heard a noise at tho back of tho ear, and immediately afterwards saw . a horse's head como through tho hood. He alighted, and found that one of tho horses had broken loose and wns careering off. Tho van, however, did not move. » This ovidpneo was corroborated by Mrs. Elliott,' and n nurse named Mrs. Harris, both- of whom wore occupants of the-cur at tlio time. Matthew Whelaii also gave evidence aa to the width of tho road whore tho accident occurred, and oppressed the opinion that it was quite safe for a motor-car to pass botwoeii tho van anil tho tramline at tho particular point. His Worship subsequently visited tho scono of the accident. Judgment was reserved. S.S. HUIA'S ACCOMMODATION. Further cvidenco was heard in the case-of William Lovell, a seaman lately, employed on tho steamer Huia, against the Wellington and .Wanganni. 'Steam Packet 'Company, Ltd., a claim for £20 damages alleged to havo been sustained through tho defendant company failing to comply with the provisions .of the /Shipping and Seamen's Act, 1909, the crux of the ease being illnoss contracted through alleged defect in the vessel's accommodation. Mr. Hindmarsh appeared for plaintiff, and Mr. Kirkcaldio for defendant company. His Worship reserved judgment.