MAGISTRATE'S COURT
SEQUEL TO A STREET COLLISION A CLAIM FOR DAMAGES Reserved judgment was delivered by Mr. W. G. R.iddell, S.M., in the Magistrate's Court yesterday in a claim for damages arising out of an accident at the corner of Wakefield and Cuba Streets on January 8. Samuel Strahan, draper s assistant, of Nairn Street, claimed the sum of £84 6s. from George Bradley, motor mechanic, of Lower Hutt. Plaiutiff alleged that on January 8, by reason of defendant's negligence m riding a motor-oycle, plaintiff wae knocked down, and sustained injuries in conseguence of which he suffered great pam, became incapacitated from employment, and incurred medical expenses. Plaintiff claimed £34 6s. special damages, and £50 general damages. In giving judgment, the Magistrate remarked that he had insited the spot wliere the accident occurred. There was considerable conflict of evidence as to the rates of speed at which defendant wae travelling at the time of the accident, aro* in this respect he (the Magistrate) could not accept defendant's statement. If defendant had exercised all care, he could have travelled behind the other motor (on the scene at the time), but ho had acted quite recklessly by travelling in' front i • i-i 1 , consequently ran into the plaintiff. It was suggested that there was some degree of negligence on plaintitt.e part, but if there were any fault on his part it would conly be an error ot judgment.' Plaintiff was entitled to judgment, the only item to.be deleted would be cab hire, as the person who carried plaintiff to the doctor was not a licensed cab driver. Judgment would be given for £83 65., with coete totalling £9 14s. At the hearing of the case Mr. P. B. Cooke appeared for plaintiff, and Mr. J. J. M'Grath for tleiendant.
A DENTIST'S CLAIM. A claim for dental work done was u 1 , b^ or ? Mr - W, G - Riddell, when Harold William Frost, carrying on business as Frost and Frost, proceeded against Robert Douglas for •£6 7s. Plaintiff had carried out cortain dental work for. the defendant, who was not satisfied with it. After hearing evidence plaintiff was nonsuited. Costs were not allowed.
DISPUTE ABOUT SHARES. Judgment was given by Mr. D. G. A. Cooper in a claim by the Graeefield Estate Syndicate, Ltd. (in-liquidation), amounting to £28 7s. 5d., against Dr. F. Wallace M'Kenzie, for calls on shares held by defendant. The defence was that defendant had never agreed to accept tho shares: The Magistrate gave judgment for plaintiff, with costs £4 16s. Mr. T. Young appeared for plaintiff company, and Mr. C. H 'LYeadwell for defendant. Security forcosts of appeal were fixed at £33 3s. 5d., and £10 10s. '
A PROMISSORY NOTE. A claim for balance due on a promissory note and interest on tho same was heard before Mr. W. G. Riddell, When the South Pacific Mortgage and Deposit' Co., Ltd., proceeded against Harry "Wilson Davies for £9 lOe.' 9d .£■ H - F - O'Leary appeared for plaintiff company; and Mr. E. J. Fitzgibbon ror defendant. Aftor hearing the evidence, the Magistrate gave judgment for plaintiff for £9 10s. 9d., with costs -i-ll , OS. -.• '■■■-■:■;,_ v i ...
SHEEP DOG AJND MOTOR-CAR. __The hearing, of- tho case in.-, which William John Hamilton, farmer, ofPahaufcauui, proceeded ngainst Elizabeth Mary Davey, of Wellington, for the flum of £20. the value of a sheep dog which had been killed by a motor-oar driven by defendant's servant. J. Green, wae continued before Mr. D. G A. Cooper, S.M., yesterday. After hearing further evidence, judgment was given for plaintiff for £16, with costs £3 18s. Mr. F, Ward appeared for plaintiff-, and Mr. P. W. Jackson for defendant.
JUDGMENTS BY DEFAULT. ' Judgment was given for plaintiff by default in the following undefended civil cases:— J. Duthie and Co., Ltd., v. Argyle M'Kain, £<l Is. 2d., costs 75.; J. B. M'Ewan and Co., Ltd., v. 0. E. True, £53 6s. 7d., costs £3 18s.: the Ivodak Australasia, Ltd., v. William A. Paterson, £15 7s. 10d., costs £110s. od.: Reutor's Telegram Co., Ltd., v. William James Phillips, £26 2s. 9d., costs £2 14e.; Thompson Bros., Ltd., v. H. Mitchell,: .£5 19s. 2d., costs £1 6s. 6d.; Mary Agnes Hamerton v. Stanley E. Read. £19 ss. Bd., costs £1 10s. 6d.; J. G. Raine and Co., v. L S. Park and Co., £13 18s., costs £1 lOs. 6d.; William Campbell, Ltd., v. William Hazelwood, £2- 10s., costs 135.; W. Belcher v. William Harlow. £2 7s. Bd., costs 10s.
POLICE OASES. Mr. D. G. A, Coopor, S.M., presided over a short sitting of the police business of tho Magistrate's Court yesterday morning, Ernest John M'Ewan and James David M'Ewan, two young men, appeared charged with assaulting Walter Jackqon, causing him ;>ctuai bodiltf harm. In asking for a remand till September 30, Inspector Hendrey said that Jackson would not be able to appear for some time on account of his injuries. The assault was alleged to have been committed with a'bottle, and as a result several stitches had had to be put in the man's face. Accused was remanded, bail being fixed in each case at £25, and two sureties of £12 .103. ' For drunkenness, Charles W. Hill and Alfred Nelson wero each fined 10s., or 48 hours' imprisonment; John Smith, 10s., or three days'; and Harry Whittaker, 205., or three days', i A firstoffending Territorial was ordered to be handed over to the military authorities to bo dealt with . Another first offender was convicted and discharged.
MASTERTON SESSIONS. (By Telegraph.—Special Correepondent.) .Masterton, September 22. In the Supreme Court to-day, James Ewart olaimed £105 from the Masterton Borough Council for damage sustained through the collision of his motor-car with a street lamp which, it was alleged, was not lit at dusk. Mr. T. M. Wilford appeared for the defendant council, and the jury, after a short retirement, returned a verdict for the plaintiff for £72 10s. 2d. His Honour deferred judgment for consideration of cortain law points.
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Dominion, Volume 7, Issue 2262, 23 September 1914, Page 9
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992MAGISTRATE'S COURT Dominion, Volume 7, Issue 2262, 23 September 1914, Page 9
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