MAGISTRATE'S COURT

Dominion, Volume 12, Issue 20, 18 October 1918, Page 3

MAGISTRATE'S COURT

STRUCK BY MOTOR-CAR

£60 DAMAGES AWARDED

Reserved judgment was delivered by Mr. W. 6. lliddell, S.M., yesterday in the case in which Zelma* Hugo, a teacher nt Banks (Mege,i sued Frederick Walter Boyd, builder, of Wellington, for £100 damages nrfeing out of an accident which occurred in Constable Street on May 29 last.

Plaintiff sot out that on the date in question she was alighting from a tramcar in Constable when the defendant Boyd, passing in a motor-car, ran into her and knocked her down. She was laid up for ten weeks, and had been put to considerable expense for medical attention, in addition to which she had suffered a loss of wages and her clothing had also been severely damaged. She alleged that the accident was due to negligence on the part 'of Boyd in not taking sufficient care to avoid a collision. ■

defendant resisted the claim on the ground that he took all proper care and was driving at a moderate pace. He contended that the plaintiff herself contributed 'to the accident by crossing in front of the tramcar. llis Worship said that in bis opinion defendant was travelling at a high rate of speed, and. in addition, was driving on the right-hand side of the road instead of on the left, as laid down by the by-law. Even if the plaintiff had been guilty of negligence in passing in front of the tramcar—and he doubted very much if she had been negligeut— it was negligence- on the part of defendant which brought about the accident. * • Judgment was given for plaintiff for £60 75., with costs £6 4s. UNDEFENDED CASES.

Judgment by default was "given for plaintiffs* in the following undefended cases:—Commercial Agency, Ltd.j and Thomas Horton, Ltd., v. Albert Terrill. £4 3s. 6d., coats. £2 35.; Commercial Agency, Ltd., ami J. J. Langridge snd Co., Ltd., v. Ernest A. Gledhill, £13 2s. 4d., costs £1 10s: 6d.; Commercial Agency, Ltd., and A. Hatrick and Co., Ltd., v. W. C. Wilkinson, - £34 l"s. 2«1., costs £3;' Public Trustee v. Joljn £53 2s. 10d., costs £4 is. 6d.; A. S Patprson and Co., Ltd., v. Messrs. Toohey Bros., £39 Bs. 9d., costs £2 14s;; Blundell'Bros., Ltd., v. R. E." Anderson, £4 16s. 6d., costs 135.; L. T. Foster v. Bernard Godfrey M'Ginn, £5, costs £1 2s. 6d..; A. Hatrick and Co., Lt<!., v. Dudley Byrne, £« 16s. 6d., costs 135.; Willinm Heamey v. Mrs. A. Low, £9, costs £1 3s. 6d..; Osmond and Son, (N.Z.), Ltd., y. J. A. Pearson, £1 135., costs Bs.; Plumbers' Union v. William Fearon, £2 18s. Gd., costs 55.; Scoullar and Co., Ltd., v. Stephen H. Reid, £6 16s. 7d., costs £1 3s. 6d.; Staveley and Weight v. H. Evans, £2 Bs. 6d'., costs 12s. JUDGMENT SUMMONSES. On judgment summonses T. W. Ward was ordered to pav William M. King £6 9s. by November 7, in , default seven days' imprisonment, and Skinner George was ordered to pay the N.Z. Express Co., Ltd., £10 2s. 9d. by November 7, in default seven days' imprisonment. POLICE BUSINESS. Mr.AV. G. Riddell, S.M., heard the police cases. Harold Bay, alias Smith,, was remanded for a week on a charge of obtaining from Young Pay, Manners Street, fruit to the value of Is.- 9d., and the sum of £2 18s. 3d. by means of a valueless cheque. For ■ insobriety Michael Martin was fined 205., in default three days'imprisonment, and Joseph Gowa'n was mulcted in a penalty, of 10s., in the alternative 24 hours' detention.