MAGISTRATE'S COURT

Dominion, Volume 11, Issue 303, 11 September 1918, Page 8

MAGISTRATE'S COURT

MOTOR-CARS COLLIDE

PLAINTIFF OBTAINS DAMAGES

Reserved judgment was given by Mr. W. G. Kiddell, S.JL, at the Magistrate's Court yesterday in tho case in which a claim for £b0 damages arising out of the result of a collision between two motor-cars on • the Paekaknriki Hill on June 9 last, was mado by Edward William Jackson, motor expert, of Wellington, against James Aldred, taxicab proprietor, of 'Wellington. Defendant, l.ounter-claimcd for £76 16s. 2d. for damage done to his car. Negligent driving was the basis of both the claim and counter-claim. On behalf of tho plaintiff /it was stated that he was driving a small car from Palinerston North in the direction of Wellington, and the defendant was driving a somewhat heavier car towards Valmci'ston North. When Hearing the top of the hill, plaintiff, who was travelling slowly, sounded his horn on approaching a bend, and proceeded along on tlie correct side of the thoroughfare, when suddenly defendant's car crashed into plaintiff's car and forced it back against the bank. Plaintiff alleged that defendant was driving at ail excessive speed, and said that his-(plaintiff's) car was considerably damaged as the result of the impact. \ . ' ■ '■ For the defendant it was represented that he was travelling downhill,, with the 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 the corner without swinging out into /the road. It was plaintiff's car u'hich struck defendant's, which was stationary. His Worship said that possibly the formation of the road was to some extent responsible for defendant's failure to keep to the left side of tho road, and,at such a corner it was absolutely necessary to give any approaching vehicle ascending the hill half of the road in use. If that had been-done :by l the defendant he was satisfied there would haVe been no collision, . Judgment was given for plaintiff for £47 10s., and costs £6 Bs., on the claim, and also for plaintiff on the counter-claim. At the hearing plaintiff, was represented by Mr. T. Neave, and defendant by Mr. H. F. O'Leary." OLAIM FOR. RENT. . Before Mr. W. G. Riddel], S.M., Frederick ft'. Clayton, who was represented by Mr. M. J. Crombie, sued Henry Stephens and Elizabeth Stephens for £12 for arrears of rent of a furnished house in Pipitea Street, also for £3 9s. 6d.,- value/of certain articles of furniture alleged to be missing after the defendants had quitted the premises. -. / After hearing the evidence, His Worship gave judgment for plaintiff for £13 105,., with costs £2 15s. 6d. —~7. , - UNDEFENDED CASES. Judgment by default was given for plaintiffs in the following undefended cases:—Makara County Council v. W. Hamlin, £16 19s. 2d., costs £2 Os. 6d.; Mouat Bros. v. Edward Rankine, £5 3s. lid., costs-£1 3s. 6d.; J. M. Reid v. Charles F. Dormer,, 10s., costs only; same-v. Robert Hansen, £7 os. 6d., costs £1 4s. 6d.; Wright, Stephenson and Co., Ltd., v. George Fratier, £76 13s. lid., costs £4 Bs.; New Zealand Farmers' Co-operative Distributing Co., Ltd., v. John.Millett, £1 2s. Id., costs 55.; Radford.and Co. v. H. J: Stevens, £11 105.\9d., costs.£l 10s. 6d.; same v. Mrs. F. Paterson, ,£3 19s. 3d., costs 1.05..; Alexander Ross and Co. v. Bym and.Washbourne, £41 13s. od., costs £2 145.: Wellington Publishing Company, Ltd., v. W. ; J. Hopkins and Co., £2'Bs., costs 10s.; same v. G. Birch, £1 3s. 9d., costs ss. ; V.- Kirkbeck v, A. Lister, £5 45,, costs £1 3s. 6d. JUDGMENT SUMMONSES. On judgment summonses, W. G. , Fraser was ordered to pay the Wellington Harbour Board £37 18s. 6d. by September 30, in default 28 days' imprisonment ; J. W- M'Kay was ordered to pay Charles Be™ and Co.,' Ltd., £2 by 'September 24, in default 48 hours; John Davidson Cottper was ordered, to pay tho Dunedin Financial and Commission Agency Co., Ltd.. £2 lis. 6d. by' September 24, in default 48 hours; J. Conner was ordered to pay Nathaniel Campbell £1 lis. 6d. by' September 24, in-default 24 hours' imprisonment. POLICE OASES. Tho police and by-law cases were heard by' Mr. F. V. Frazer, S.M. Richard John Stevenson, recently an attendant at the Porirua Mental Hospital, pleaded guilty to stealing two sheets, two pairs of socks, a crib board, and a quantity of tobacco, of a total valuo of £1, the property of the New Zealand Government. SeniorSergeant Willis said the accused had been an attendant at the Porirua Mental Hospital for six months, but was discharged on Monday. Suspicions were aroused by the appearance of his swag, which was searched aud the stolon articles found. Accused was admitted to probation for two years, special conditions of the order being that he remained away from hotels, bijliard rooms, and racecourses during that period, and neither accepted nor left a position without the permission of the Probation Officer. ( On charges of insobriety, Donald Mathieson and George Anderson Miller, who each had several previous convictions, were ordered to bo' committed to Roty R'oa Island for a,period of twelve months. Adexander Bogdoroff was chdrged with drunkenness, and with having assaulted Louis Christensen, and was fined £1 Is. John' Coudon was fined £1. for committing a nuisance in a public street. Rupert P. Morrison was fined 10s., with costs 75., for having failed to have sufficient lights oS( a motor-car. For allowing horses to wander, Robert J. Dockery and Arthur Elton were each fined 55., with 7s. costs. On one charge of permitting eight cows to be at large. Leu. Thompson was fined £3, with 7s. costs, and on a r further information of allowing three cows to wander he was fined £2, with costs 7s. Richard White was fined £3, with 7s, costs, for failing to keep a drain in good working order at W Roxburgh Street.