MAGISTRATE’S COURT

Evening Star, Issue 23371, 14 September 1939, Page 13

MAGISTRATE’S COURT

THURSDAY, SEPTEMBER 14. (Bbfore Mr H. W. Bundle, S.M.) JUDGMENT BY DEFAULT. Judgment for the plaintiff, with costs, was given by default in the following undefended cases: — W. T. Beveridge Ltd. v. W. Duff, £2 16s 3d, balance on hire of cycle; Acme Supply Co. Ltd. v. Ernest Clough (Heriot), £8 15s 4d, goods sold; The Dunedin Little Theatre Society, Incorporated (in liquidation) v. Duncan Todd, £2, subscription for membership; C. and W. Shiel Ltd. v. J. C. Macßae, £3 17s 3d, screenings sold. RENT OF PREMISES. Deferred judgment was given in the case in which Wholesalers Ltd. proceded against A. Wootton. claiming the sum of £9B 12s 4d, being the balance of an amount owing in respect of the use of certain premises. Mr W. F. Forrester appeared for the plaintiff, and Mr J. Robertson for the defendant. Interim judgment was delivered on August 10, but final judgment had been postponed to allow the defendant to have the rent of the premises determined.- . The Magistrate found that the plaintiff company was entitled to the rent claimed, less deductions fixed by the hearing of the application. Judgment was given for the plaintiff company for £BB 4s 4d, with costs (£7 18s). CLAIM FOR DAMAGES. A claim for damages amounting to £47 8s 8d was brought by Eric George Carter against John M ; M'Donald in respect of a- collision which occurred on the road between Beaumont and Rae’s Junction on August 27 of last year. Mr J. C. Robertson appeared for the plaintiff, and Mr J. B. Deaker for the defendant. Mr Robertson explained that the reason for the long delay in bringing the case was that two of the passengers in plaintiff’s car were in Australia, and the third was not located till recently at Mount Pisa station in Central Otago. The plaintiff’s evidence was that he was ascending the long hill between Beaumont and Rae’s Junction and negotiating a left-hand turn when he was struck by a descending car. He was travelling within a foot of two of the cliff, and maintained this position to the point of impact. The car was in second gear, and his speed was approximately 20 miles an hour. There was ample room on the bend for two cars to pass. He applied the brakes and the car stopped within a few yards. After the impact, defendant s ear was approximately a chain down the road. James Malcolm Patrick gave evidence that on the day in question he followed defendant’s ear for eome miles to the spot where the accident occurred. At this benij the ear appeared to veer wards the centre of the road. At Ui.s tim- he was about a chain nehind. After the collision some conversation took place, and the talk of the defendant was heated. At this stage the luncheon adjournment was taken.