MAGISTRATE’S COURT

Evening Star, Issue 23375, 19 September 1939, Page 2

MAGISTRATE’S COURT

TUESDAY, SEPTEMBER 19. (Before Mr J. 11. Bartholomew, S.M.) JUDGMENT BY DEFAULT. Judgment for the plaintiffs, with costs, was given in the following:—Coulls, Somerville, Wilkie Ltd. v. Ronald F. Hall (Hikurangi), £8 13s 3d, goods supplied; W. Harris and Son Ltd. v. M. Wilson, £3 3s, good supplied; Otago Motors Ltd. v. E. Riordan, £2 9s Id, balance on work done and goods supplied; George Dyer and Co. v. T. A. Pyper (Balclutha), £2 14s 3d, goods supplied; J. A'. White Ltd. v. H. W. Taylor, £4 Bs, balance on work done and goods Victor Nelson Ltd. v. A. Harper, 17s, work done and goods supplied. CLAIM FOR DAMAGES. John Mitchell, caretaker at the Burnside saleyards, claimed as damages the sum of £6 from H. D. Porter, the amount being the value of a dog which be claimed was struck and killed on the Kaikorai Valley road in the vicinity of the Burnside saleyards, on August 2, by a lorry owned and operated by the defendant. It was further claimed that the accident was due to the negligent and unskilful driving of the defendant. Mr 0. B. P. Wilson appeared for the plaintiff' and Mr A. N, Haegitt for the defendant. The evidence of the plaintiff was that he was shifting stock across the road on the day in question, when a calf broke away, running for a distance of perhaps 100yds. Defendant, who was on the road frequently, was approaching at an excessive speed, and plaintiff later saw the lorry at a standstill, and people picking up a calf from the road. Half an hour later, being informed that his dog was injured, he went to tho animal, which was then dying. Three or four days later he saw defendant, who denied knowledge of the accident.

James Poland gave corroborative evidence, and added that defendant’s lorry struck the dog and then the calf. He pulled up in a distance of a few yards.

Mr Haggitt, at the close of plaintiff’s case, submitted that there was no evidence of 'excessive speed, and the magistrate upheld this view. On the plaintiff’s own evidence he would be non-suited, and costs amounting to £2 I2s awarded the defendant