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MAGISTRATE'S COURT

LOSS OF A HORSE CLAIM FOR DAMAGES SUCCEEDS Reserved judgment was given by Mr. W. G. KicUlcll, S.M., at the Magistrate's Court yesterday in the. ease in which J. O'Drion and Co., carriers, sued tho City Corporation for ,CSO damages for the loss of a draught horse. The horse was injured as the result of a collision between a lorry and a Wallace Street tramcar at the corner of Lower Cuba Street and Wakefield Street on January 3 last, and had to bo shot.

In the courso of his judgment His Worship said that according to tho plaintiffs' witnesses the horso was proceeding at a walking pace, and came- out of Wakefield Street on tho left or proper Kiilo of the thoroughfare i'or the defence evidence, was given that the driyer of. the vehicle was on tho w ( rong sido of tho street, and that the horse was travelling at a trot until the tramline was reached. Owing to tho contradictory nature of the evidence it was impossible to fix from it alone the exact pace of the plaintiffs' vehiclo prior to the acoident. Tho horso was a heavy draught, and even if proceeding at a trot would not bo travelling at more- than iivo or '6ix miles an hour. The intersection of tho street was wide, and was practically freo from traffio at tlie time of the accidont. His Worship was satisfied that even if the plaintiffs' driver was on Ihe wrong sido of the road, and" had kept a proper look-out, he could have avoided getting his horeo info a dangerous position. Tho evidence, however, showed that tho plaintiffs' horse was stopped on tho tramline, and tho driver tried to turn it- off to avoid being run into. Thero was no definite, evidence that the tramcar was travelling at too high a speed, but ono had only to view the locality and note range of vision open to the motorman in order to say whether he baxl not ample opportunity to seo plaintiffs' horse approaching, and to stop his car before colliding with it. 'It wao impossible to accept tho motorman's statement that he did not see tho plaintiffs' horso until he was four yards from it. Tho Court concluded that the gonging whicli the witnesses spoke of was tho motorman's warning to plaintiffs driver, either to hurry across or to stop, and that tho motorman enw tho horse fiomo timo before it reached the tramline. Taki.i? all iho facts into consideration, His Worship held that rlio-'onse % wtiß one whoro it must be found that although tho plaintiffs' driver was guilty of negligence in the first instance, yet the defendants motorman had a later opportunity of avoiding the collision, and with tho exercise of ordinary care might have dono bo. The dofondants must be held liable for tho damage claimed by plaintiffs. Judgment was given for plaintiffs for dCSO, with costs JEB 11s. 6d. At tho hearing Mr. 31. Myers appeared for the plaintiffs, and llr. J. Ohhea, City Solicitor, for tho defendants.

CLAIM FOE PLUMBING WORK. A claim for M Is. lid. for plumbing work done at the Kensington Street Private Hospital in January last formed the subject of a. claim made by Charles W. Martin, plumber, of Wellington, against Miss F. M'Donnell, o f Wellington, aijd Mrs. Rebecca Love, of-Petone. At the time the work was performed Miss M'Donnell was tenant of tho premises and Mrs. Love was the owner. Mr. C. W. Nielsen appeared lor plaintiff, Mr. 0. Beero for Mrs. Love, and Mr. G G G. Watson for James Campion, settler, of Foretell, attorney for Hiss M'Donnell. . Plaintiff's claim was made np as toilows: Laying "teakoid" floors, <Cl 3 10s.; painting two bathrooms, .£5 4s. 3d.; general plumbing work, etc., ,£lB 7s. Bd.; and papering room, .£2 19a. lid. . The defendants contended that plaintiff had performed certain of the work without direct instructions, and for this reason they submitted that he should be "nonsuited. The item for papering was considered to have been included in another account. Regarding the charge of -818 7s Sd., it was claimed that the tenant was not liable, it' being really a matter for ths owner to settle. On behalf of the latter it was represented that no authority had been given for the execution of the work for which the charge was made. After His Worship had heard evidence judgment was entered for £18 7s. Bd. against the separate estate of Mrs Love, with costs £9 Is.; and regarding the balance of the claim, His Worship found for defendant, Miss M'Donnell, with £1 Is. costs.

UNDEFENDED CASES. , Judemeut by default was given for plaintiffs in the following 'undeimded cases — W. G. Dutliie v. E. A. Atmore, 415, costs 41 10s. Gd.; G.H. Thornton v E. H. Barrett, .CI 12s. 6d., costs 53. j D. Campbell v. E. H. Barrett, 425, costs £° 143 • E. Reynolds and Co., Ltd., v. K P. Hall, 427 13s. 4d., costs .CI 35.; Citv Carriage and Motor Works. Ltd., v. 'Clarkson Motors. Ltd., 474 17s. bd., costs 44 7s. Gd.; J. Krcbs v. G. W. ■Roderick 46 10s., costs 41 3s. Gd.; C. M. Banks, Ltd., v. Arthur H. Hookwny, f 10s. Gd., costs 41 3*. Gd; estate oflate T. Foreman (W. A. Keliow end E. fr. Hill, trustees) v. 31. Bryan, 43 is. 6c1., costs 103.; A. Goodwill and Co. v. Thomas Hitchcock. 45 135., costs 41 ,s. Gd. J Laery and Co.. Ltd., v. C. J. Bnl lantine, M i. 10d., costs 10*; l>. N. R. Mea&ws and Co., Ltd., v. George Edgar Dudley Robertson, 4103 12s. 4d., costs 45 Us. Gd.

JUDGMENT SUMMONS. On a judgment summons James Henry Wright was ordered to pay Spencer George Radford the sum of 47 15s. !>d..by August 28, in default seven days imprisonment.

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/DOM19180807.2.55

Bibliographic details
Ngā taipitopito pukapuka

Dominion, Volume 11, Issue 273, 7 August 1918, Page 6

Word count
Tapeke kupu
971

MAGISTRATE'S COURT Dominion, Volume 11, Issue 273, 7 August 1918, Page 6

MAGISTRATE'S COURT Dominion, Volume 11, Issue 273, 7 August 1918, Page 6

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