SUPREME COURT.

Dominion, Volume 7, Issue 2166, 3 June 1914, Page 11

SUPREME COURT.

SEIZURE OP A MOTOR-CAR CLAIM FOR DAMAGES. THE j)KFK.\i)A\P WINS fill? (.'ASK. 1-3'ifi -clfiiitx for r £o77 diuuagofc lor tlis seissurv awd detention of ;i motoiMs* tetight !iy Wiliinin Hw.v Trejigmve. motor' mechanic, against John M'EiilK momiiiiGMfa! mason, was continued in the Siijiutmo Court yfisterday mon-iing before His Honour Mr. Jnstico Hosiimg una a jury of twelve. Sir, A. Dram appeared.far plaintiff. Mr. A, W, Blair, with lttjn Jlr, I'. (j, Cooke, appealed for 'Wendinn. '

John M'Gill, defendant, stated under cross-examination by Mr. Dmm that ho had gives-i im instructions to fremgrovo regarding a new carburetter into Scott's cat , , for which a olaijn, for iClfl had been made. He had been satisfied withtliepwflhaseo-f Mrs, WilKams's Kir at tho time, but he denied ever having asked plaintiff to Joolc out 'for cms i-oi- him. It was not true- that ho had told Trengrove that ho had money to Send, It jvae true that ho had rtvreived iram Trenj»r«v<j lia.lf of the eeftimission, obtained ftara Ross oil tl)o sfllo of that car, but ha had not asked for the 'money. It Jia4 been paid to him voluntarily. He wag quite agrconblo to paying eemmissttm to plaintiff on the car LTawaftctions when he tvas antisSed that they \vsre going to bo .profitable, and ■he thought that a reasonable- time for paying ouinmission would be ivhen tlio oars were about three-parts paid; for. Art-tair James Black, of the firm of Bmiso, Biaok, and Co., stated thai' fi'liea I'fCMgrove tsaSe-d at his pJaoa , with rogatd. fo repairs to ft-o hood of the motor, lie volunteered tho itiforinniion that'he had lost the car,'and wished to return it is good order/ , 0. Rush, garage employee, James ■EirivW:. maiiajjer of Stagiins Sanderson's garagt, and James M'J.iitosli, public :stcountont,.,also' gave cvidoiiea.

Issues for Jury. Learned- courisc} ha?i»s; addressed tlio jury, His Hoeoitr stiinta&d up, 'ilio jury rctirecl at 1.0 miniums' past 3 o'clock p.m., and the following wow tint .issues to decide:— t. Pid M'Gitl jn-aiirise to pay Trengrove eoiiivnisskd in respcel «if tlte sale el Mash's ear as pJaiistiffi. alleges or as defendant alleges ? 0. I)id M'Oill promise l to pay Trciigrote ooftimia-sion in respect of t-lio sahj of 'Scott's tar? 3.'Bid H'GiR agree to pay for tho re- ' Jiits <sf Scott's car/ •I Was it agreed that the amounts, if •o.iiy, for commission, and repairs were fa> come tiff tho first ketalnicjits thereafter accruing? 5. IMd tho ■ plaintiff consent to the defc.iKt;ult rcsumiug possession of the t>. if the cm - ?Vas wrengfufty taken pessossMMi of, what ' danwgos is tlio plftititHT on titled te ? The Firitfiftg. iftoi , iliey had hem out for a h'Mlo over thvoo Iwurs, the jury w'ere lifdtigW in at Mveuty minutes piist Sj tit tltw iii-' Wsti&Ji. <■! his Hftiwur. who asked thorn if tliey. had considered their verdict, 'ITje foronvrt implied that they fferc lwt unauwous. B.is HoTJour haying intimated tliat he cftci.l4 talk-u & d6fiisid.u of mm agjiinst i-krecj this foreman stated that tfo jury hot? <}cf?Med questioiti Js T o. sky that' niajority. Nino replied *'Yos 5i and throe ''}$o'\ to that issue, viz.: Dicl plniiitiff censonfi i<3 the defendant jfcsunjinft passession of ikf Car? After inviting tfae opmi««t of.- Mt> oaiu wha admftted that the plaintiff had w further claim, his Honoor Accepted ilifi flti'diag of "lie jury. Mi'. Bfair , then ma veil for jiKlßnioirt, '.vlii.cli was ojitofod fat dtftndmt, M'GlilJ, with costs as p& ■-sca.lt>> witnesses'«spflttsee ailwl dJß'btifsejueMts, and £3 3s. far sccwd day. MISSSBNGBR- AND MOTOR-CAB.,

On tbo aftofnoon of Deoemher SI last, L, J, 'I'aMlofij Iclegfaplv ttiossqiigdf, ivliiltj ridJßg a iiiotoi , c,ytfß eaiae i«;to cellisioa wivH a motor-car in it/swer Osifen Street, and sastiviiied tlji'co frtetui'cs h& lovv tbo knee of the left kg. Tim out* ooiae of tlw aecident was Court -pfa'ceedings yestertfoy, Tlicae- irtoss<Kliii£s< tools the form ef 3j.11 actisit for £260 7s. <Jauiages, ttia jjtai.iii.iif hoirig' L. J. Fatskc, aid tlio ddeiiclsjiit- ifcrbori tnetor ageiit, ami driver oi tlio rtioto-i , - car at Uie time of the a.ccii« Jit.

Tho case was licard by his Honour Mir, Jnstwo Hosting frad a jtiry of fdijr. Mi , . .A. Biifiii appeared for plaintiff,, suid Mi , , H. B«ld;te for ifoi'cndant.

Iscsiio l.iiuoa P'arsta, telegraplt meS" senger, aged 17,. in'id that i» N ? areml)ot last'the ■Department had given him a niatoivi.velc to rifle, H-3 had preciously passed the (jaalif.vii)B casamJßati'oj).. JJcWcen 3 and 4 o'clock -oft the afternoon of SeccMib.Gi- 31 ])« was proeeedtng doivii Cifl)a. Street' i« tlio dirfeelion of tho I%Wb Hail. Tho street was qlear, with the ex'coptinn of an express standrog ttt BfowH's Oftfffco Palace. He ha& jjrac* tienlly stopped Itio macliiii* at tlio Manners Street erossiai; to afev two ladies to pa-ss. Ho was Just getting; up- speed again when ho saw a moter-Hftr ccmnng from lieliiii-d tho cupress, , which ho had jiotiecd, I'liis -csr i>ad nppsreftt-ly <wfto from .1 garage nenr by. When ha saw it, it was 30 .vafcte away. \Pil.acss 'nssemwl thai it was going to Come right up on its wrong side., and ?so sesordiuj;ly k<?i>t over towards tho-middle oFtfc street. He watehct] the d-rivor (L«ee-s----i.cs-') in oi'dnr to get soiW «Klication ;is to wlsi.oh way he was going, but all tiiis time' Leicester was ido-Mi'S Ijchiiid him. Whilst uncertain as to Leioester'e iatoi'itions, tlio tpir tttrited sharply towards witness and collided with 'his ivtotorcyilc, find witness was thrown off, sus* t«(fdnj; the injuries jnsutionetl. ile had bsft-ii imi weeks ill tbo lw&pitß-T, ami ho was not able to ri(k a ittotor-cplc yot.

fa iir. Buddie: Ho had been riding 1 tlio motw-cyfite constantly for six weeks previous to Uw. accident, and luttl confidence iii-Itis Ability to ttfrke a fa'rly quick turn. Whcu lie siuv defomittit's ear lie keift a .Httto out toward?, tlto centra of the »aet, but was stiil oil the loffc-Jtnad side, The front of defendant's oar kit witness lull oil, ■ - To bis Honour; Had Le.kesicr tuineii sligktly to tbo rig Jit wiren passing Hie express, or had ho kept (straight «■>, Uiero would have Sieen. no nccklent. IV Mr. Buddie: Jiisfc tefore tho ladies passed him b© saunded W» horn twi~e. It dM not sfeGHi t« ?>o neeesssofy to 6<ii!iid an alarm again car appeavctl » be coming light on. Charles Itulmrt ttiiriie'ss, employed in the -ISlectrio Lighting Usparlmo-Mt, stated that eh the afternoon of Beeenilier : Si .Ufi \va» goiirg tip Cnbn. Street. When parsing tiro garagi' he- saw t.vros hems (omtod en to a jnotor-onr. JOefendant Jumped i«,.and Ihmi-tto ffttvJ - went up ijie 'street a fifctte way, and then turned right iisto tiio eontr<? of fto rend, sti-ik-im,jV a telcgvajih measengcj , boy. A!) the tiinp tte driver of. Hie tar had his hontl tucned in tkft tii'.'cotion of one of tire i; bank wheels of the oas , , JFretleriefc BftrsiSt irtiwgOTiey .liacsnu'in, crapln.vcil in tlw Corporation I'cv.-or Iloiisc, who was an oyo-witiiGs* of iha aseident, gave correborntiro r;\'kle-;ice. At Utis stngo <hc further heaving was ai},in«.rßwl iiilli 110 o'clock mi Tliut'sdny morulaft.