MAGISTRATE'S COURT

Dominion, Volume 11, Issue 285, 21 August 1918, Page 10

MAGISTRATE'S COURT

MOTOR-CARS COLLIDE

BOTH PARTIES CLAIM

DAMAGES

A claim for .£OO damages arising out of the results of a collision between two motor-cars on tho Paekaltariki Hill on Juiio !i last, was heard by Mr. W. G. iiidd'jll, t).11'., at tho Magistrate's Court yesterday. The plaintiff was Edward William Jackson, motor oxpert, of Wellington, and tho defendant James Aldred, taxi-cab proprietor, of Wellington.

Plaintiff was represented by J[r. T Naive, and defendant by Air. II J.' O'Lenrv.

Defendant counter-claimed for «£7fi 2d. for damage done to his car. Negligent driving was the basis of both the claim and counter-claim.

On behalf of the plaintiff it was stated that lie was driving a small car from J'aremata North in the direction of Wellington, and the defendant was driving a somewhat heavier car towards Palmersfcm North. When nearing tho top of the hill, plaintiff, who was travelling slowly, sounded his liorn when approaching a iiend, and proceeded along on the correct side of tlio thoroughfare, wlien suddenly defendant's car crashed into plaintiff's car and forced it back against the bank. Plaintiff alleged that defendant was driving at an excessivo speed, and said that his (plaintiff's) car was consiierably damaged as the result of the impact. For tho dofendant it was represented that he was travelling downhill, with tho engine shut off, and was regulating tho speed by the brakes. Defendant said plaintiff was approaching at a speed which was too fast to permit of his negotiating tho corner without swinging out into the road. It was plaintiff's car which struck defendant's, which was stationary. After a certain amount of evidence had been adduced the hearing was adjourned until August 27. CLAIM FOR PLUMBING WORK. Before Mr, F. V. Frazer, S!M., F. H. ,'lansen, plumber, of AVellington, tor whom .Mr. G. Watson appeared, claimed from II vs. L. Cain, confectioner, of .Manners Street, represented by Mr. A. Dunn, the sum of .fclli lils. 9d. for plumb, ■ing work dono at premises belonging to the defendant. After hearing evidence His Worship gave judgment for plnintiff for the amount claimed, with costs. POSSESSION OF TENEMENTS. In a defended case in which Annie Biggs proceeded against Harry Hurcomb for tho sum of i! 3 15s. and possession of a tenement, judgment was given for the full amount, together with possession, and costs IGs. Stephen Hope field was ordered to pay William Simmons .£lO 135., with costs M 18s., and deliver up possession of a tenement by September 1. UNDEFENDED CASES. Judgment by default was given for plaintiffs in the following undefended cases:—Wellington Drivers' Union v. Thomas James Biggs, .£1 Bs., costs 75.; Walter Arch v. William John Hogan, ,j;l Bs., costs !ls.; W. if. Edwards v. Frederick Charles Cudby, .£3 65., costs .£1 (id.; T. E. K. Burgess v. William 10, Moult, sen, UiS Bs., costs £1 3s. 6d.; "New Zealand Times" Co., Ltd., v. E. C. Stanley, »C 5, costs M os. 6d.; Motor Import Co., Ltd., v. E. Clinch, £7 fe. (id., costs Jit 3s. lid.; Oscar Hewett and Co. v. 11. T. Avery, .£ll 12s. 10(1., costs .61 13:?. (Id.; N.Z. Farmers' Cooperative Distributing Co., Ltd., v. F. Butcher, J;3 Ills. 8(1., costs 10s.; Wellington Publishing Co., Ltd., v. 1). Henderson, XI las. 8(1., cosls 8- 1 .; «imo v. Donald Fraser, JM, costs 10s.; same v. T. Frisk, XI 12s. 6d., cosls is. JUDGMENT SUMMONSES. la judgment summonses N. P. Niclson was ordered 10 pay E. Reynolds and Co. the sum of .£25 l(is. sd. m or before September 10, in default 21 days' imprisonment; and Charles Stone was ordered to pay Te Aro Furnishing Co. J:47 Bs. lid. by September 10, in default 21 days' detention. POLICE BUSINESS. Mr. F. V. Frazer, S.M., conducted the proceedings in the police cases. Joseph Johnston was charged with insobriety, and was also accused of having stolen a. pair of boots, valued at 355. Johnston was remanded until August 27. Cornelius John Cronin was fined 10s., in default 18 hours' imprisonment, for insobriety, one first offender was fined as., in the alternative 21 hours' detenficu, and ii not her was handed owr to tho military authorities.