MAGISTRATE’S COURT

Evening Star, Issue 19792, 16 February 1928, Page 6

MAGISTRATE’S COURT

THURSDAY, FEBRUARY 16. (Before Mr J. R. Bartholomew, S.M.) DEFAULT CASE.. Judgment by default (with costs) was given for John Edward Butler, Limited v. C. E. Bay (Geraldine), lor £7 17s 9d, balance of two promissory notes. JUDGMENT SUMMONSES. Orders for immediate payment were made as follow: —Mark Silvcrstone v. George Hoffman (North-east Valley), defendant ordered to pay £SO 3s lid (costs £2 2s 6d), in default one month’s imprisonment; Simon Wright, v. George Hoffman, defendant ordered to pay £ls 4s (costs £1 7s 6d), in default fourteen days’ imprisonment; George Wilcox (Ashburton) v. H. Wilson, defendant ordered to pay £/ 9s (costs 10s), in default seven days’ imprisonment. Doris Metzger (Mr D. Solomon) proceeded against R. J. Lindsay on judgment summons to recover £lB 2s, judgment being varied to be payable at the rate of 5s a week. CI;AIM FOR DAMAGES.

John Cecil Hope and Harold George Douglas Hope (Mr P. S. Anderson) proceeded against W. Gregg and Co., Ltd. (Mr R. L. Fairbairn), on a claim to recover £193, damages alleged to be caused as the result of a collision on July 14, 1927, at the intersection of Cumberland street and Albany street between plaintiffs’ motor bus and defendant’s motor truck, which collision was alleged to have resulted from the negligence of defendant’s servant, the driver of the truck. The plaintiff’s case was outlined by Mr Anderson, who said that the action was a claim for damages as the result of a bus driven by Harold George Douglas Hope and a truck driven by defendant’s servant colliding at the intersection of Cumberland and Albany streets. The facts were that the bus was proceeding along Cumberland street from the Queen’s Gardens in a northerly direction at a moderate pace, and by the time Albany street was reached it was travelling at from thirteen to fifteen miles an hour. It slowed up at the intersection, and the driver noticed defendant’s truck coming up Albany street. Plaintiff’s driver was first on the intersection, and thus had the right of way. About halfway across the plaintiff driver noticed that the truck had not given • way, and practically stopped his bus. The defendant’s driver swerved in and out, and when the truck swerved to the right the hack portion of the truck caught the front portion of the bus, which had suffered considerable damage. So far as was known, the truck received little damage. The claim was based on the negligence of defendant’s driver, because he had not given way, and the facts showed that he must have been travelling at an excessive speed when ‘he reached the intersection. Evidence along these lines was given by Harold George Douglas Hope and Robert Alexander Gunn. The hearing is proceeding.