DEMONSTRATING A MOTORCAR

Dominion, Volume 11, Issue 149, 13 March 1918, Page 7

DEMONSTRATING A MOTORCAR

«> CLAIM FOR DAMAGE AND MISUSE. ■ Reserved judgment was delivered in the Magistrate's Court yesterday bv Mr. W. G. lliddell, S.M., in the case of Stanton and Evans v. the Zealandia Motor Import Company, Ltd. The plaintiffs claimed from the defendants the sum of £32 9s. 6d. for genoral repairs effected to cars of the defendants, and judgment was given for that amount and costs. The defendants counter-claimed for £56. Tho statement of claim set out that the defendants were importers of a make of car known as the Partin-Palmer, and some time before October 22, 1917, they had made arrangements with tho plaintiffs for the latter to demonstrate such carß and endeavour to sell same on a commission basis. It was alleged that on October 22 the plaintiffs used the demonstration car for the purpose of hire on a journey from Wellington to- tho Trentham racecourse and back, _ and that the same was negligently driven, in that it was driven without water or without sufficient water in tho radiator, whereby the engino was ovcr-hoatcd and tho cylinders and pistons damaged by over-heating. Other damage through ncgligence and misuse of the car was alleged, reducing tho car to the status of a second-hand car. In his judgment the Magistrate held that in tho absence of an oxprvss agreement to tho contrary, tho defendants were entitled to £0, being tho hire obtained for the car and costs as on a scale for £6, but with regard to the claim for £50 for damages he held that the defendants had failed to prove that there was any negligence or misuse on tho part of tho plaintiffs, and nonsuited the defendants, with costs against them. At the hearina Mr. V. 7 . L. Rothonberg appeared for the plaintiffs, and Mr. J. S. Barton for tho defendants.