MAGISTRATE'S COURT

Dominion, Volume 8, Issue 2405, 10 March 1915, Page 9

MAGISTRATE'S COURT

WAS THE DRIVER NEGLIGENT?

JUDGMENT FOR DEFENDANTS

Reserved judgment' was delivered by Mr. W. G. Riddell, S.M., in the Magistrate's Court yesterday in the case in which the City-Council, plaintiffs, olaimed £9 15s. from the Colonial Carrying Company, defendants, as damages resulting. from, defendants' horses crashing through a window of a buildin", the property of plaintiffs. The question in' the case, said the Magistrate, was whether the driver of the lorry was guilty of negligence or not. If. the driver were guilty of negligence, then 'plaintiffs were entitled to succeed. The evidence showed that the lorry, .which was heavily laden, had stopped ■ on the, way down. Woodward Street. The driver was on his seat, while he had placed 'chocks", of timber in front of the wheels to prevent it going down the hill. These would have, no doubt, been sufficient to prevent the vehicle from moving had not something unusual occurred. '.A motor-car came along, and endeavoured to pass the lorry. As there was not sufficient room, the driver of : the. lorry advised the driver of the motor to try another direction. The motor came on, however, and halting right in,front of the lorry horses, frightened; one of them.. Withthis the. came out,from. one. of the: wheels,',and .the lorry."commenced to move down'hill, and on reaching the Quay it was lotally impossible for the drivef'to avett trouble., Under' the circumstances 'mentioned, - the Magistrate'said; he could not hold the driver of !the lorry, guilty 'of negligence. Judgment would accordingly be given for defendants, with oosts £3 3s During the hearing of"thecise, Mr. J. O'Sliea appeared for -the' City Council, and" Mr. T. Young for defendants. POLICE CASES. Mr. D. G. A. Cooper, S.M., dealt with the police cases at the Magistrate's Court yesterday. . Arthur James O'Leary was remanded to appear at Gisbqrne.on March la on a charge! of failing to provide his wife and child-with aaeiuate maintenance. Peter Hughes and Joseph Harris wera* fined lOs.j in default 48. hours' gaol, for drunkenness. The latter was further charged with, indecency, and was fined a similar amount. DEFAULT DEBTORS'. LIST. .. Judgment was given for plaintiff by default in the following undefended civil -cases by Mr. VV. G.Riddell, S.M.:. L. Reed v.,0. W. Hargreaves, £4 65., costs llsl: F. T. Costm v. Walter Oatham, £3 25., costs 12s. :H. Oscar Hewett and Co., Ltd.,. v. H. J. Hinton, £1, costs 55..; A. S. .Collyer v. Arthur H. Lucas, £2 19s. 6d., costs 10s.: Edith Mary Lyon : v. Eric Cecil Gould and his wife, £12 lis. 5d., costs £1 Bs. 6d. ;■ Leslie-Hiuiter Reynolds v. same;, £17 7s. 6d., costs £1 Bs. 6d. '; JUDGMENT SUMMONSES. -, George Bean was ordered to pay Wm. Chas. Watson £12'195; 6d. in monthly 'instalments 1 of £1; Peter Heyes, order-' ed to pay Wise and Co. £13 iss. 3d. by monthly'instalments of 20s.