MAGISTRATE'S COURT

Dominion, Volume 12, Issue 210, 30 May 1919, Page 7

MAGISTRATE'S COURT

POLICE CASES Mr. F. V. Frazer, S.M., presided over yesterday's session of the Magistrate's Court. '■John James Allen, - charged with failing to maintain his wife, was remanded on bail' (.£100) to appear i(t Dunedin. •/Albert Edward Webley was charged with having trespassed upon the property of his.wife while he was separated from her by an order of the Court. Webley was stated to be suffering severely from the,effects of over-indulgence in alcohol. The - Magistrate tools tho view that the accused was probably in a muddled condition when he committed the 'alt'ence. with which he woe charged. Webley con* seated to go to Roto lloa Island for twelvjs mouths. He was convicted and discharged. CIVIL ACTIONS ■CLAIM AGAINST CITY CORPORA • .. TION-FAILS. John Doverey, of Wright' Street, .Wellington, carrier, chimed from the City Corporation .4102 lis. Gd. for damages sustained by his Ford luggage van in collision with a trauicar. The plaintiff's- case rested upon the. following allegations:—On January 4 last, about 1,35: p.m., ho was'driving out ; . of Hargreaves Street into Wallace Street. A city-bound.tramcar, of which his view was ■obscured -by a high bank, appeared unexpectedly, too late -for him- to avoid collision. . The impact • damaged ', }ho van to sucli an extent that ho had to spend i£sß lis. 6d. upon repaint'. While tho van was out of commission he lost earnings 'which he estimated at XII). Tho depreciation -in the value of the van lie set down at.<£2s. Doverey alleged that 'tho-accident-was due to the negligence of .the motornian in, driving too fast and in .'failing to sound a warning bell. Mr. il. F.O'L&ary appeared for the plaintiff,-and Mr. John O'Shea (.City '■solicitor) for the City Council.

••The defence of the City Corporation was a-complete denial of liability. His Worship held that it was tho duty of the plaintiff, who well knew the locality and the capacity of the brakes of-his oar,-to take .all care to proceed down ■ Hargreaves Street at such a pace as .would ehablo him to pull up boforo reachiugthe-tramline. It,appeared that tho tramway's • juotormau had driven 'rather, faster than ..was usual, and had thereby contributed to the risk of accident. . The plaintiff himself, however, had.been negligent in approaching a main street from a side' street, at I hat rendered it impossible for him to stop his van before touching the lines. It was a. case of .joint and simultaneous negligence,' in which neither party was, entitled to. recover damages, Judgment was ' given, therefore ; for' the defendant corporation with costs. Mr.'' O'Shea said that the corporation did not ask for costs. . UNDEFENDED CASES. . .-• In the following undefended civil cases judgment was given for plaintiff by default:—The Commercial Agency, Ltd., and Johnston and Company, Ltd., v. ,T. Stevenson, MS 145., costs. £i 18s. (Id.; same and W. Wiggins, Ltd., v. Thomas Fowler, £1 4s. costs only; 0. C. Sudsbv. T..8. E. .Williams, £5 ss. 3d'., costs .CI Bs.. Gd.; Charles Langdou v. C. M'Dou•galV lOs.t. costs only; Osmond and Ron '(N.Z.). Ltd., v. A. Lurcher, 125., costs 125.; W.-T. Johnston v.- H. G. Bates. .£ls, costs £1 14s, (Id. JUDGMENT SUMMONSES;-. • Several judgment summons cases were heard. ■• J. E. Stanley was ordered to pay Veiteh and Allan XI lis. 10d..-nr, go to gaol for 48 hours. The Magistrate ordered suspension of the warrant fpr seveu days. "•Robert' Welsfnrd, . who owed Henry James Spnrgo .£lO ss„ .was ordered: to. bo imprisoned for -six weeks ..in the .event of his failing' to pay 7s. Gd. per. week towards wiping off his debt. tf. C; Warren was ordered to pay tli*British and Continental Piano Co.. £V) ss. bv instalments of Ills', per week... E. Shaw was ordered to pay S. (i. ItadfonV'.iCS ss', Gd„ or spend five days in gaol.- The Court directed that'tho warrant be suspended for,!,t week.