GREY MAGISTRATE’S COURT.

Greymouth Evening Star, Volume XXXI, 3 December 1901, Page 2

GREY MAGISTRATE’S COURT.

Monday, Decembee 2nd,

(Before R. S. Hawkins Esq., S.M.)

“a eoad-side incident.”

J. Bannerman (Government travelling Insurance agent), sued H. Weenink for £27 16s 6d damages sustained through defendant interfering with plaintiff's horse and conveyance on the main Grey Valley Road.

The evidence -in this ease showed that plaintiff was driving on the road between Greymouth and Brunner on October 26th along with two others, when they overtook defendant with a mob of fat’cattle. It is allege! that three times they attempted to pass and were prevented by the defendant, who ultimately struck the horse with his stock whip, causing it to bolt and overturn the trap and landed the three occupants in a waterhole, causing injury and damage. This case is one of three the others being H. Candy v. H, Weenink. Claim for £l2 2s and C. Peach v. H. Weenink. Claim for £lB 3s 6d. The other claims being the persons who were in the trap with Baunarman when the occurrence took place. The following evidence was taken

J, Spencer surveyor produced a survey plan of the locality of the accident. He was shown the place on the 25th or 25th—about a month after the accident. There was plenty of ground along the road which would have enabled the driver to take the cattle off the road while the trap passed. By Mr Guinness—The ground seemed sound enough. Saw wheel marks which were about 2 inches deep near a water hole.

J, Bannertnan travelling insurance agent for the Government. Started about 8 o’clock on the 29th of October from the Racecourse for Blackball in a sulky, in which throe were seated. When about three and a half miles from town the party overtook a mob of cattle. Seeing that no effort was made to let them pass witness requested that they should be allowed to pass, to which Weenink, replied “ I have seen you before. I have had enough of you ; you think the road belongs to you.” Witness made a further request, Weenink replying With two cracks of his stock whip. The second one caught the horse right across the shoulders. Witness had mot him about a week previous, s,nd had difficulty in passing. Made yet another request keeping the horse at a walk. Weenink then struck witnesse’s horse twice. The defendant was now walking his own horse in front. Witness’s horse became unmanageable and in its plunging the reins broke, the sulky tipped up and all were turned into a water hole. Witness had difficulty iu getting out as ho was turned under the horde. Weenink only came to their assistance after all were out. Witness had his arm injured, which was attended to by Dr M'Brearty. The trap was left iu the water hole. The party walked to Brunner, hired a trap there and returned to town, the horso being their own. Informed Mr Ashton of the accident and requested him to get the trap out of the water hole. Witness lost three days work. His average earnings were about £3 per day. The goods lost wore valued at about £lO. Witness was responsible for the general charges. Ho had been accustomed to driving horses. He could have passed had he not been interfered with, ...

By Mr Guinness—Called puttoWeenink when witness came up. Weenink never said that if the party waited a few minutes he would let them pass. Weenink was very excited and in a heated temper. Did not tell him to get off the road. Witness spoke quietly. He never 'had any difficulty with any other drivers. He had difficulty with Weenink a week frevious on the Paroa-New Elver road, t is not more difficult to pass cattle when overtaken that when met. Witness endeavoured to pass him on the right hand side of the road. If he had not backed his horse he could have driven the trap through. Weenink did not say the bullocks were dangerous. When Weenink first struck he had the whip at its full length, on the second occasion he had it doubled. Witness showed Carrcll whore the whip had struck—there was a flesh wound. The occupants of the trap were all unseated. The sulky was not overcrowded, There would be about three bushels of feed. He was not sure if all were sitting on the seat but all fell into the hole of water. Witness was allowed a commiss'on and a salary or travelling allowance on the business done. His only reason for going to Brunner was to find out Weenink’s name. Weenink came back and offered assistance af er everything was right. Weenink did not use insulting language. Weenink said he could even stop the mail coach. Did not ask Weenink his name. Candy got into a vehicle and was at Brunner first. The constable said “If the man admits striking the horse that is sufficient.” Weenink said “I admit striking the horse, but I did it in self-defence. Dr. Peach said he travelled with Mr Bancerman for the purpose of examining persons desirous of being insured. He suffered no personal injury. The remainder of his evidence was corroborative of the previous witness. At this stage the case was adjourned till Monday next.