CHOW YO QUIN CLAIMS £350.

Dominion, Volume 5, Issue 1525, 22 August 1912, Page 2

CHOW YO QUIN CLAIMS £350.

STREET MISHAP. THE JURY AWAIID .£75 DAMAGES. A taxi-cab accident, which occurred at the corner .of Courtonay Place and Tnranalci Street, in Juno last, was recalled by an action I'or damages heard in tho Supremo Court before Mr. Justice Edwards yesterday, and a jury of four. Tito parties to the action were Chow Yo Quin, chemist, of Wellington, plaintiff, and Georgo Pinnock, of Wellington, defendant. Mrs. Pinnock had also been joined as n defendant, but had been struck out by concent of Iho parties. '/ Mr. T. M. Wili'ord appeared for Chow Yo Quin, and Mr. 0. N. Beere for Gcorgo Pinnocl;. It was set out in the statement of claim that \on Juno 14, 11)12, tho defendant, George Pinnock, drove a taxi-cab so carelessly and negligently that he struck Chow Yo Quin while tho latter was crossing Taranaki Street. As a result of this, Chow -Yo Quin had sustained severe injuries—two ribs had been fractured and a permanent injury to tho left .arm had also been occasioned. Up till tho timo of tho'issuo of-tho wnt, the injured Chinese had not recovered the. proper uso of his arm, and was still suffering pain and inconvenience from the broken ribs. He now claimed the sum of £309 as damages. ' \n his statement of defence..George Pinnock admitted that Chow Yo Quin had been struck by the taxi-cab, but denied that -he had. been driving carelessly ,or ", negligently.' He also denied that Chow "Yo Qiiin's injuries were severe or permanent. Further, he denied that tho bodily injury suffered by the Chinese had occasioned the latter any expense. Finally, ho said that the alleged damage (if any) had really, been caused by the negligcnco of Chow l'o Quin in crossing a public street without exercising reasonable circumspection. If there had been no negligence on the part of Chow Yo Quin, then the damage (if any) had been merely the result of inevitable accident caused by Chow Yo Quin suddenly stepping backwards in front of the vehicle," which was proceeding at a slow speed. ' \ • After fairly lengthy evidence had been tendered, tho jury retired at 4.-15 p.m. They returned in half an hour and anv nounced that they had found for tho ■plaintiff Chinese tor JE73. ' On the application of Mr. Wilford, jndgment "was then entered for plaintiff for ,£75 and costs. NO MISREPRESENTATION. AN EXCHANGE OF PROPERTIES. Earns, lambs, owns, and hoggets were much discussed in tho Supreme Court yesterday during the continued heaving o! a clnim for .£509 damages for alleged shortage of stock delivered in connection with an exchange of farm properties. Tho action was heard before Mr. Justice Siii; and a common jury of twelve. The . plaintiffs in tho action aro Charles Henry Osmond, valuer, of Wellington, Gordon : Osmond, farmer, of Masterton, and Charles ' Clifton Osmond, farmer, of Masterton. The defendant, is William Robertson M'Leod, farmer, of Porirna. Mr. C. P. Skeh-ett, K.C:, with him Mr. B. M. Watson, appeared for (he plaintiffs, while Mr. SI. Myors appeared for tho de- ■ fondant. : \ ■' Particulars of the claim and the defence were published yesterday. Tho properties in question consisted of a freehold and a ■.' leasehold at Porirua,- exchanged for a . freehold at Wainui-o-mapu,: neor Masterton. Two agreements had 'been entered into between the parties,,but the plaintiffs (Osmonds), after talcing possession of the Wainui-o-mapu property, had been unable to make the stock tally with tho figures in tho agreemont. They now claimed £M damages in respect of the shortage and alleged that they were induced to enter into'tho contract to exchange on.account of false representations made by M'Leod. Further they alleged that the<?o representations were fraudulently made by M'Leod, who knew that they were 'false,,or that he made them recklessly, not caring whether thoy were true or false. . . These Allegations wo denied by M'Leod. , j Tho case for the plaintiffs closed on i Tuesday afternoon. Before opening for the defence, Mr. Myors raised nonsuit points, which his Honour reserved. 1 Evidence for the defence was given yesterday by William Robertson M'Leod, the defendant, aud by C. C. Russ, land agent, ' of .Masterton. The jury retired at. 5.35 p.m., and after , deliberating for three hours, were unanik moils in finding that there was no fraudulent misrepresentation. They also found ■ by a majority of eleven to ono that the \ plaintiffs had suffered no damage through k any breach of contract by short delivery ' of sheep or catEle. I Judgment was • accordingly entered for ) the defendant, with costs on the highest scale, together with witnesses' expenses, • disbursements, and .£ls 15s. allowance 1 I for second day.