MAGISTRATES COURT

Dominion, Volume 12, Issue 220, 11 June 1919, Page 3

MAGISTRATES COURT

. CIVIL ACTIONS MISHAP ON A BRIDGE The sequol to a mishap which occurred on the Silverstream bridge on October 13 last was the hearing. of a caso before Mr. W. G. Eid<tell, S.M., at the Magistrate's Court yesterday, in which, tho Hutt County Council, owners ' of : the bridge, sued William George Goss, carrier, of Upper Hutt, .for the cost of repairs to the structure. A'driver employed by Goss was'driving a motor lorry containing a load of milk over the bridge, a portion-of whicli suddenly col. lapsed, causing the v vehicle to fall through. Iu its statement of claim the Hutt County Council, which was represented by tho Hon. T. AY. Hislop..-stated that the damage done to the bridge amounted to ,£29 10s. Bd.. Plaintiff alleged that defendant's servant improperly and carelessly drove over the bridge, which was specially planked longitudinally for tho "support of the wheels of anv voiiicle. Defendant's servant; it was alleged, did not' ■ drive' his lorry on' that portion of tho bridge which was specially strengthened for the support of vehicle wheels. Tho council's by-laws prohibited the use of the bridge for vehicles' weighing, with their loads, over fivo tons, but defendant's load was over seven tons. Plaintiff's claim, made up of cost of repairs, time of employees, etc., totalled ,£35. Defendant, for whom Mr. T., Young appeared, counter-claimed for the sum of ■£200.' He contended that the Hutt County Council had failed to maintain tho bridge in a safe condition, and had allowed to fall into disrepair. It was really unsafe for traffic. As the result of the planking giving way his lorry was damaged to tho extent of ,£l7f>. Ha also set out that ho had lost ili'o inroujjh being' unable to tise the vehicle, but in order that the case might come within the jurisdiction of the Magistrate's Court ho waived all claims exceeding ,£2OO. Mr. Hislop said that' much heavier loads than that which defendant had on his ear had been .taken over the bridgo without any trouble, and with perfect safety. Defendant entered on tho bridgo properly, but when he was on the struc. ture he diverted his car from the longitudinal planking with tho result that tho 'weight of the hind wheels caused tho transverse planking to .givo way. The cost of the repairs had fallen on the Hutt County Council; • ■ ,- Robert Dick,' assistant road inspector to the Hutt County Council, said tho structure was capablo of carrying a greater load than seven tons, and a heavier load • had crossed it, but caro had to be taken in going over. Defendant's lorry had proceeded more than half way across when the- wheels left the longitudinal planking and smashed through the trausvorso planking. . Z: W. Cudby, overseer to the Hutt Comity Council, stated that ho had examined the bridge, which was able to carry a heavier load than that carried by the defendant. One had to be careful that the wheels were kept on the planks which ran along tho.bridge. The bridjo was 1 inspected regularly, and immediately any fault was found it was at once repaired. William Howe, driver of tho defendant's motor lorry at tho time of tho accident, called by Mr. Young, said that the longitudinal planking of tho bridge had worn away, with tho result that the wheels of the vehicle ran- off on to tho transverse decking. Owing to tho danger of tho vehicle swerving right across tho bridge there was a, difficulty in getting back on to the' longitudinal planking. At the'time..of. the accident tho lorry was carrying a lead of about 2J to S. tons. Tho weight of the lorry was approximately 2 tons 10 cwt. When the planking of the bridgo 'gave way tho wagon went through the decking and tho call was smashed. He had-known tho bridge to be out of repair for some considerable time. At 5 p.m. the hearing of the caso was adjourned until to-morrow week, in ordor that the' Magistrate, might make an inspection of tho locality whero the occurred. !cLAIM FOR DAMAGES FAILS. Tho hearing of the ease in which Isaac ' Barrow, permanent way repairer in tho employ of the City Corporation, claimed from Eric Albert Algar, motor-car drjyer, of Kilbirnie, the sum of ,£133 3s. lOd. damages for injuries recoived. as the result of being knocked' down by defendant's motor-car in Willis Street on tho afternoon of December 10 last, was concluded before Mr. F. V. Frazer, S.M. x Tho plaintiff, who was represented by Mr. J. O'Shea, City Solicitor, claimed that defendant was guilty of negligence in the way in which he proceeded; .along the thoroughfare, and that ho had not taken suffteient steps to avoid knocking plaintiff over. . ' For the defendant, for whom Mr. M. Y. Luckie appeared, it was stated that lie was proceeding down Willis Stret at a.speed of about eight miles an hour. He was behind a tramcar at the time, and suddenly ho eaoio upon a portion of the roadway which was being repaired. Defendant saw no danger disc, but he slowed his speed down to about threo or four miles an hour. Plaintiff suddenly appeared in front of the motor-car, and defendant tried to avoid him by swerving, but owing to the holes in the road he could not divert his car sufficiently to avert an accident. . Mr. O'Shea submitted that ..drivers of "motor-cars owed a special duty to men who wero working in tho streets. It workmen had to be continually looking about them to watch for cars, they would get no work dono at all. Their position was different from that of pedestrians, who wero bettor able to tako - care ot themselves. ~!'.. His Worship said that a-man" who. was working in the street was entitled: to think that' Jill motor traffic would keep out of his way.'But thatdid'notgttotect him from disregarding all • triune. It had been admitted that tho plaintiff hart sfconped aside, to avoid a.tramcar, and had gone''back-'-towards- the - spot .where lie was working, withoutiooking to see i! anything was coming behind, the tramcar! His Worship did not care to say. that defendant's, failure to . seo ,tho danget disc in tbe street amounted.to negligence. The disc was only about 4ft. high, 'and it might be nocessaiy for the' City Council to havo a higher disc in future. Defendant'was a/reasonable distance, behind the tramcar.- There was no evidence that tho motor-car was .travelling at- too great a speed. If the plaintiff/had been workin" in the hole in tho road it would have been negligent on the defendant's part if- he had ridden over him. One regretted that the plaintiff had suffered injuries, but. it. was impossible to say that tho' defendant was, Tesponsiblo for them. Plaintiff had contributed to the accident by'failing to look to 6ee what was on the road before he stopped back to the hold'where ho had; been working. "Judgment was given for defendant with costs, .29 Is. ■ '"> RENT OF "A TELEPHONE. • : -■ Before Mr. F. V. Frazer, S.M., Florence Jj. Howarth, widow, proprietress of the Lambton' Registry, claimed from Marion Sims, widow, of Palmerston North, from whom she had purchased the business, .the sum of £A 10s., being rent of telephone, which' it was alleged', the defendant had agreed to pay to the plaintiff on the treaty for the purohose of the registry. . . Mr. O. C. Mazengarb appeared for plaintiff, and Mr. E. M. Beechey for the defendant. The defence was a denial of the liability to pay. After hearing evidence, His Worship Kave judgment for plaintiff for the amount claimed, with costs £2 ss. POSSESSION OF TENEMENTS. William Morris was ordered to pay .£lO 35., with costs £1 Gs., to the Public Trustee, as mortgagee in possession .of tho estate of Joshua Morris, and to give up possession of a tenement by July 1. Edward and May B-yan were ordered to pay Emma Baker £11 18s., with .C 2 lis.,costs, and to givo up possession of a tenement by June 24. UNDEFENDED CASES. Judgment for plaintiffs by default was given by Mr. W. G. Eidell, S.M., in tho following undefended civil -cases:—B. Janson v. Georso P. Wickenden, £i 12s. Jd.. costs 125.; Herb. Prico v. 11. Taylor, ,£l2 Is. lid., costs .St'l2s. 6d.; United Society of Boilermakers and Iron Shipbuilders v. Thomas Emms, 135., costs 55.; T. C. Berry v, C. Moore, .£5 lis. 6d„ costs .£1 lis, 6d.; Magnus, Sanderson and

Co., Ltd., v. Commercial Gnrngo Co., .£O4 lis. lid., costs £i 25.; Mrs. A. Jnck v. E. Taylor, .£l2 2s. 7d costs JO. 10s. fid.; Georgo mid Korsley, Ltd., v. H. Taylor, £2 lis. 10d., costs 18s.; C. Smith, Ltd., v. 11. Taylor, .£6; 195., costs M lis. (id.; N.Z. Express Co., Ltd., v. K, Irvine, 10». 3d., costs 55.; Thistle Inn Hotel v. Charles Hekenui, £b 10s.. costs .£1 3s. (id.; Thompson, Lewis and Co., Ltd., v. ■Jlvra Campbell, JEI2 IDs. lid., costs .€1 10s. 6d.;' Dominion Clothing Co. v. To lieu lieu Tukino, .£l2 18s. 2d., costs £1 15s. od.; H...G. Jenkins v. E. Bestic, £3 10s.. costs Bs.; Reginald Collins,. Ltd., v. I). Cameron. o:2' Bs., costs Kis.; Job Arthur Dowler v. Clara Logros, £11$ •■fa., costs £6 155.; City Corporation v. Edmund Piatt, .£l9 is. Id., costs 175.; J. W. Copithorne. v. V. Benscmaii, £1 10s. 2d., costs 10s.; Lyons Carrying Co. v. T. W. Ward. £i 14s. od., costs 125.; P. Mackiu v. J. O'Shea, £b 55., co<ts £1 ss. fid.; K. Stent and Co.' v.B. -I. Low, £8 Bs., costs £1 &3. Gd.

. • JUDGMENT SUMMONS, On a judgment summons Te Hen Heu Tukino was ordered to pay the Public Trustee, as administrator of tho estate ot Bobert Boss, deceased, the sum of £5 18s. by June 24,.in default forty-eight hours' imprisonment. BY-LAW CASES. Edmund It.. Powlcs and Robert M'Douald were each fined' lis', and costs for having ridden bicycles without lights in Riniu Street, ..Eastbourne. H. Martindale was lined 10s., with 7s.' costs, for leaving a motor-car standing in I J aii'ama Street without lights. H. Tamin pleaded riot guilty to being tho owner of a horse and cart found wandering in Bunny Street at 11 p.m. on a'recent date. Defendant said he loft the horse and cart standing for a fow minutes at 5 p.m., and on returning discovered that they had disappeared. He reported the matter to the police. Defendant was convicted and discharged. A boy named M. -N. Mnnthell was fined as., willi 7s. costs, for driving a motorcar without a license." ' E. .S. .i'rencli was fined £\, with 7s. costs." for driving a vehicle for hire without a license. W.- Taine was fined 55., with £1 Is. costs, for' driving a motor-car past a stationary tramcar at a greater speed (han four miles per hour'.' For allowing etock to wander, W. Chatfield was ordered to pay 7s. costs, and Si Howan was fined ,£1 and costs. Lindsay Wilson was ordered to pay .£1 Bs. oqsts for having used obscene lansuago whilst in ■ charge of a licensed motor-car. His Worship said that defendant had been sufficiently punished in that he had lost his license. .