MAGISTRATE'S COURT

Dominion, Volume 13, Issue 53, 26 November 1919, Page 2

MAGISTRATE'S COURT

POLICE BUSINESS

Mr. E. Vise. S.M., dealt with the short Police list at the Magistrate's Court yesterday.

Charles Anderson, who was represented bv Mr. }. A. Scott, was remanded till this morning on a charge of receiving IMb. of cheese, valued at 55.,. the properly of the Now Zealand Shipping Company, knowing the same to have been dishonestly obtained. Bail was allowed in the sum of £Z;>.

A charge of theft of three bunches of onions, valued at Gel.', the property of Willio Lee, wns admitted by Edgar Johnston Dohcrty, who was represented by Mr. J. A. Scott, Detective-Sergeant Rawle stated that_ Detective-Sergeant Scott and Sergeant Sweeney saw theaccuscd filler a (.'hinamnn's simp and take, the onions. The oef-endant was fined JC3, in default seven days' imprisonment. On a charge Sf dninkenncss William Conrick. an old man with a lengthy list of urevious convffUons, was ssnt to' Koto Ron for a period of twelve, months, For a liko offence Mastin Samuelson was fined ,CI, two first offenders were fined os. each, and a tliird was fined 10s.

1 CIVIL BUSINESS K | MOTOR VEHICLES COLLIDE. | Reserved judgment was delivered bv I .Mr. W. G. Riddell, S.M., in the civil | action in which James leach, taxi pro- & prietor, sued William 11. Hargroavun kj and Charles Daniel Hargreaves, carrieis, j| for .6157 12s. 3d., damages in respect of IS a motor collision between the lorry of H the defendant and the motor-car of" the | plaintiff. The circumstances of the case were that on August 11 last the plaintiff was driving his motor-car down Adelaide Ra-ul, and had as passengers Constable M/Coll aim a man named Richmond, when a motor lorry, carrying some workers Irom the Patent Siip to town, and driven by W. H. Hargreaves, overtook and came into collision with plaintiff's ear. The plaintiff alleged that, the accident and the damages his car suffered were due to the negligent driving of the motor lurry bv the defendant, \\. 11. Hargreaves. His Worship held that the weight of the evidence disclosed that phi in tilt' was travelling at n moderate speed, and was close to the kerb on the lett-hand side of the road. Near him was a tramear traveling in the sanio direction, and a little distance ahead. Defendant, W. 11. liamreaves, was driving at a fast rate, and there was no evidence that he slackened his speed whon approaching or on passing plaintiff. Defendant endeavoured to pass .between the tram and plaintiff, and in doing so drove too close to plaintiff, with the result that .he collided with nlaiiitiff's car, driving it inio a verandah post. His Worship held that the damage to plaintiff's car wan due to the negligent driving of the motor iorrv by the defendant,'W. H. Hargreaves. On file question of which ckVi'iidant was liable for the payment of the. damages His Worship, after reviewing the facts produced, held that the defendant W. H. Hargreaves, was liable, as he was acting as an independent contractor on August 11, and driving his own motor lorry. Judgment would be for the plaintiff against W. 11. Hhigreaves for „otls 155., with ccsts £U I.ls. Plaintiff would iie nonsuited against C. D. Hargreaves, with costs £h 19s. At the hearing Mr. E. M. Beechey aproared for the plnintifT, and Mr. 0. Beere for defendant W. H. Uargienvc>, and Mr. .1. ,T. M'Grath for the defendant 0. D. Hargreaves. A HUTT ROAD ACCIDENT. Reserved judgment was delivered by Mr. E. Page, 5.11.'," in the cases of W. H. Long against V. George mid V. George iieainst W. 11. Long. The case arose out of a collision which took place on the Unit Road on the evening of July 12 between the plaintiff's .motor-car and the defendant's horse and trap, l.i was a dark night, and at the time there was considerable traffic on the road,. due to motor-cars returning trail the I'rr-nthnm racss. George hail a lamp on his vehicle, but it was clear from his own evidence, sain His Worship, tlr.it tho light could not be eeen from His real'. Long was proceeding along tho road in his molor-car at a modc/nte speed with his lamps dimmed. His Worship, after eonsuiting previous decisions regarding liko ' eases, found that the defendant George was guilty of negligence in r|i;it lie failed to nrovioe a rear-light on his vehicle. Negligence! had not been proved against Long. Judgment would be for Long for £Xi IPs. (id., being £W 19s. lid. cost of reuairs to his car, and .Clfl general damages, with costs amounting to .£0 lfis. Tn the cross-action by George 'His Worship gave judgment for Long. At the hearing Jfri J. A. Scott appeared for George and Mr. R. Kennedy for Long. CLAIM FOR UNPAID LOAN. A. C. Harding, clerk, proceeded against T. S. Anderson, warehouseman, before Air. P. L.-Rollings, S.M., claiming the sum of .{GO and £1 lis. interest on that sum. ot tho rate of G' per cent., from May. 1910. to October, ifllil. The plaintiff alleged that the defendant's s!ep-eon, who wns not twenty-one at the time, borrowed tho money in order to tide him oyer some financial difficulty in connection with his taxi business. The defendant said that his step-son was expecting a legacy of ,£IOO, and rodiiircd tho 4:60 the receipt of this sum. It was agreed that the son should pay Lack by monthly instalments of ,£5, and he wns nbt informed that this had not been done till ho was summoned. Counsel for defendant asked for a nonsuit, but His Worship decided to take, time to consider his decision. Mr. N. A. J. Barker appeared for the plaintiff, and Mr. M. J. Dale for the defendant. PILE-DRIVING CONTRACT DISPUTED. William Davis, pile-driver, proceeded ' against Philip Chehvood Watt; contractor, before Mr. W. G. Riddell, S.M., claiming J325 10s., being (he balance of a sum due in connection with a piledriving contract. Ir. June last plaintiff agreed to drive fifty-three piles for the defend-in 1 : on some conslni-.'fional works on the waterfront near tho Tarnnaki Street Wharf, at the rate of ."is. per driven foot. 'Ilia plans, said plaintiff', had shown flie length of the piles to hn driven at 970 ft., but it wns discovered that ihcy wero actually lfll.ifl, 7'n. The piles were driven 988 ft. Plaintiff therefore claimed for .£25 10s., being 038H-.. at 53. per foot, equalling .Si!) 10s., less £2"4 on account. Subsequent to tho driving of the piles to varying depths, according to the direction of the overseer, a certain amount of excavation work wns carried out for the purpose of completing the foundation, and as a result I he tops of a number of poles were further exposed. As a result of this it was necessary to cut off about 120 ft. from tho pile to level them up ( After hearing the evidence. His Worship nonsifited the plaintiff with costs. Mr. W. Perry appeared for the plaintiff, and Mr. J. C. Peacock for the defendant. CLAIM FOR- BREAD. Thomas Henry M'Gann, baker, proeeed- , ed against George Sclby, bread carter, claiming .£2(l 12s. 10rt. for bread supplied and not raid for. Defendant admitted liability for £?, 18s., but denied that he could be held liable for the b:ilauce, .is he contended f'mt plaintiff had broken the contract by increasing the price of the bread to the defendant. A!to- hearing the evidence His Worship (Mr. P. L. Rollings. S.M.) gave judgment for plninfiff for i' 3 18«., and cost-; .til 12s. Mr. W. CI. Mellish appeared for the plaintiff. SECURITY FOR ArPEAL. Tn the case Itimis-Philp Shipping Co. ngitinst the Huddarl-Parker Shipping Co., n claim jor .filiU t's. 7d., value ol a case of goods lost, in which plaintiff company wa< nonsuited, Mr. W. G. Riddell, S.MI, fined teciuLv for appeal at .£lO Ids. JUDGMENT m DEFAULT. . Judgment for plaintiff by default was given by .Mr. W. G. Riddell, S.M., in the following undefended cases:—)-;. Reynolds and Co., Ltd., v. Charles Strwir't, .M 17s. 8.'.. costs 4.2 3s. Gd.; N. Nightinailc v. L'.ra A. Dobbie, .£l2 as., ui-ds ,£l 10s. dd.; Hawke's Bav Fisheries Co. v. •!'!. Madden. I'll 10s., costs ,£| 10s. lid.; John Burki v. Michael Finncare, I .£". costs XI 2s. Gd.; John Dnfhie aim • Co,, Ltd.. v. W. U. Paddy, £U 7s. Id.,'

costs 155.; A, and P. Food Co., Ltd., V. 1). M. Orr, ,£l7 Bs. Btl.. costs £2 lis. . BY-LAW CASES. Mr. E. Page, S.M., dealt with the bylaw cases al the Mjgistrate's Court yesterday. . ln ™ he i cn ,' e in v;hich William Franera Wackwell was charged with driving his vehicle on the wrong side of Wallace* Street, lhs Worship said that he had"' viewed the locality, and had come to the conclusion Hint the defendant had acted in tho wrong. He would be fined .£1 and costs 9s. Joseph I'enwiek pleaded not guilty to a charge of having failed to pay his'fare on a city (.imienr. Tile defendant, who was a Maltese, said that he got on (ha tram at tho ■'jovernment Buildings, and handed the conductor a one-section card which was; clipped once. After passing th? section the conductor came tiiroii'di again, and found that defendant was over-travelling, and his name was taken. Defendant, claimed thai it was done in ignorance. The evidence for the prosecution was to the effect that the defendant had previously evaded payment, and in this case action had been taken after defendant had been warned. A line of Jj.'l and costs was imposed. For driving a mctor-oiir along the southern side of the tram shelter at Crturrenav Place. E. J. Johansen was fined JEI and costs 7s. A fine, of £1 and costs 7s. was imposed on J. M'Chc-sney for driving a motor-car at. an excessive speed along the Hutt Road. Leslio Robinson was finer; 30s. and costs for driving a motor-car round a street corner at an excessive speed. Bernard M'Cormick was fined £\ and costs for riding a motor-cycle which did not display a registered number. Aifred ,1. Scoono was fined £i and costs 7s. for- driving a motor-car round a street corner without observing the by-law. Archibald Wist was ordered to pay 7s, costs for carrying oh the business of a hawker without a license. A similar penalty wns imposed' on Walter Wilson, who was under the impression that it was not necessary to lave a license to hawk fish. For normit'.ing his horses to wander cost Charles Davis 10s. and costs Bs. fid. For liko offences, James Fyfl'e was fined £1. the Wellington Gas Company .£l, and William Telford. .£2. pn a charge of leaving a truck on Ilia footpath in Willis Street Wardell Bros, and an employee named J. Tolerton'were convicted and ordered to pay costs 7s.