DISTRICT COURT.

Globe, Volume XXIV, Issue 2449, 10 February 1882, Page 3

DISTRICT COURT.

Fbibay, Febbuaby 10. [Before his Honor Judge Ward.] KBLSBY AND CO. T HOWLAND. There was no appearance, and the case waa struck out. M'GBB T SMITH AND DUNCAN. Mr Holmes tor the plaintiff, and Mr Stringer for the defendants. This case was an action to recover £SO, for damages resulting from a collision between two vehicles. Mr Holmes having opened the case, called James McQ-ee, the plaintiff, who deposed that ho was a shoemaker residing in Christchurch. In November last he went to Eaiapoi with his wife. He left for town between seven and eight o’clock in the evening. When trotting along the road at about nine or ten o’clock he saw a covered trap approaching on the wrong side of the road and called out. One of the men in the trap said his (witness) horse had bolted, and he waa drunk. The driver of the other vehicle tried to get between witness and the fence, and a collision occurred. The left buggy wheel caught the right wheal of witness’ trap and upset it, throwing witness on his head. He was stunned. When ho recovered himself, Duncan, one of the persons in the other trap, come up, and when witness’ wife called out for help be said, “ Hush, hush; you are not hurt.” Witness told him he would know him again, and ho wont away saying ho would pull witness up on Monday morning. When he was thrown to the ground he received severe wounds on the head and body, and ho was all over blood when ho was talking to Duncan. His wife had a wound on the right eye. The buggy was considerably damaged. On reaching Papanui, witness saw Dr, Gaze, who attended to his wounds. Tho repairs to the buggy cost 355. By reason of the injuries be received he was unable to work for three weeks. His wages were from £3 10s to £4. Paid £2 8s 6d for medical attendance to self and wife. His wife was disabled for about a month. The loss on this account was about £2 10a a week. His wife kept a private boarding house, and washed, mended, and cooked for the boarders. No proceedings wers taken against him in consequence of the accident. About five weeks after the accident witness with his wife went to Rangiora. There saw Mr Duncan, one of the defendants. Ascertained, bia name from a policeman, and

told him that ho would bring an action against him. The accident occurred about five mile* and a quarter from Christchurch. Wa» per* feotly sober when driving) and the horse was a quiet one. Cross-examined—There was a man named Edward O’Brien in the buggy with witness and his wife. He was asleep at the time of the accident, sitting alongside witness’ wife. They were all sitting on the front seat. Witness traced the defendant to Bangiora from Papanuh He got his information through the police. Identified Mr Duncan as the man he saw after the accident when he met him at Bangiora, Went to several places along the road endeavoring to find the persons who had come into collision with him. Ascertained the color of the horse from the Bed Dion stables. The other trap was going at a smart trotting pace when the collision occurred. When he called out they were about 100 yards away, and on the wrong side of the road. Witness kept on his own side, and did not try to cross to the other side. Was a pretty fair driver. Would swear that Duncan was driving the other vehicle when the accident occurred. He wore a black coat, light tweed trousers and a stiff black hat. Only saw the other person in the trap at a distance. Saw him again five weeks after the ) accident at his work in a draper’s shop In Christchurch. Asked him if his name was “George.” Had heard from a man named Oalder that it was George Smith who was in the trap with Duncan. Ee-examined—When I went to the police station after the accident I gave a description of the persons in the other trap. Annie McGee, wife of the last witness, gave corroborative evidence. Cross-examined—Her husband had been drinking a little, but was none the worse for it. He had a glass of English ale and a bottle of soda-water. Was ill for nearly three weeks, and during that time had to pay a girl 7s a week.

John Guthrie, stable keeper at Bangiora, deposed that the defendant Duncan hired a Tilbury gig and a black mare from him on Sunday, the 27th November. Could not say what time the trap returned. Pound it there in the morning, Mr Duncan drove the gig from the yard. It had not returned to the stable at a quarter past ten o’clock. Cross-examined—Did not examine the gig minutely. Did not observe any sign of damage about the gig or harness, It was an old vehicle. It would be possible for a collision to occur without any damage being visible. It would depend upon how the vehicles came together. Dr. Gaza deposed that when he saw the plaintiff ho had a severe wound on the top of his head, and several outs on the face and over the left eye-brow. They would be sufficient to disable him from working. Mrs McGee was not so severely hurt, but was also prevented from working. His account for medical attendance was £2 8s 6d.

This closed the case for the plaintiff. Mr Stringer called James Duncan, who stated that on the 27th November, in company with Mr Geo. Smith, he left Bangiora for Christchurch in a light Tilbury gig obtained from Mr Guthrie’s stables. Ho returned to Bangiora on the same evening, leaving Christchurch at twenty minutes to nine o’clock. Witness was driving. Beached Bangiora shortly after eleven o’clock. Had no accident on the road. Had beard the evidence of the plaintiff and his wife. As far as He was concerned, nothing of the sort occurred. First heard of the accident about a fortnight after it took place. Heard of it from his father. Did not stop anywhere on the road from Christchurch, and never left the buggy. Witness and W. Smith were both perfectly sober. Mrs Williams was present at the Bed Lion when he returned. On the day in question witness wore a long light black coat, a hard black hat, and blue and black trousers. Cross-examined—Will swear that I did not come into collision with any trap, and never saw or spoke to either Mr or Mrs McGee. Never got out of the gig, and drove on the right side of the road the whole way. Was accustomed to driving. George Smith, the other defendant, gave corroborative evidence. Never stopped on the road, and never spoke to any one daring the journey. Mrs Mullins, landlady of the Bed Lion Hotel, at Bangiora, deposed that the defendants arrived home with the gig between five minutes and a quarter-past eleven o’clock. This concluded the evidence. Learned counsel having addressed the Court, his Honor nonsuited the plaintiffs without costs. HOBBLES' V WILLIS AND DUNLOP. There was no appearance and the case was struck out. This was the last case on the list and the Court adjourned.