WAIPAWA COURT

Hawke's Bay Herald-Tribune, Issue 165, 30 July 1937, Page 13

WAIPAWA COURT

Our Own Correspondent)

Motoring Offences Dealt With

(From

WAIPAWA, Last Night. The inonthly sitting of the Waipawa Magistrate's Court "was held this raoruing before Mr J. Miller, S.M. CIVIL CASES The following judgments for debt were entered: — Liddell and Murphy v. F. apd M. Boyle, £1, costs 13/-; Yates Cash Stores v. R. C. Reid, £2 5/-, costs £1 3/6; Estate A. Wheeler v. L. E. Booth, £5 10/-, costs £1 10/6; Williams and Wettle v. Paul Eopiha, £10^ costs £1 18/6; Limbrick Brosi v. H. Tawhi, £2 15/4, costs £1 10/6; J. R. Barker v. M. Pedersen, fll 6/2, costs £1 6/-; E. K. Richa'rdson £7 3/6, costs £2 2/6; S. A. Dailey v. L. E. Booth, £16 15/5, costs £2 17/-. Orders were also made in the following cases: W. Eru to pay S. A. Dailey £2 10/9 forthwith, in default 3 davs imprisonment; J. S. Colquhoun to to pay O. Hansen £5 16/- and solicitor's fee 15/6 forthwith, in default 7 days, warrant suspended so long as £2 fer month paid; C. Drinkrow to pay J. N. Barrie the sum of £11 14/7 forthswith, in default 13 dayfty MOTORING OFFENCES

B. M. McLaren, of Dannevirke, charged on the information of Constable Moss with dangerous driving, was convicted and fined £1 10/-, with costs 12/-. On a similar charge R. McIntyre (Mr Strang) was fined £1, with costs 10/-. T. Bishop, Waipawa, for driving a ear without due care was convicted and fined £1 10/-, with costs 10/-. Two charges were brought by Traffic Inspector W. E. Yates against C. Clark, of Waipawa, riding a motor-cycle without an efficient silencer, and operating a motor without a warrant of fltness. On the firat charge defendant was convicted and fined £l 10/-, with cost» 15/-, and on the second a flne of 10/r, was inflicted, with costs 15/-. C. M. Read, of Napier, charged by the inspector with failing to notify chang6 of ownership was fined £1 and costs 10/-. E. McMillan (Mr Harker) charged with driving an unlicensed vehicle was fined 10/-, with costs 12/-, W. Oliver (Mr Strang) for allowing stock to wander at large at Tikokino was convicted and fined 15/-, with costs 12/". DEFENDED ACTION The Court was also occupied with the liearing of a defended action in whieh H. D. Hardy, of Waipukurau (Mr C. G. E. Harker), proceeded against G. Watson (Mr D. W. Neild) for recovery of the sum of £42, damages done to his car aa the result of a collision. Arising out of the same collision Watson claiiaed from Hardy in a separate action the Sum of £81 17/2. Plaintiff in evidence stated that he had been proceeding round the corner with due care, when the defendant, approaching from the opposite direction, had come round on his wrong sidej, thua bringing ahout the collision. Ha had endeavoured to stop, but had not been able to avoid the crash. Evidence was also given hy Constable Ruston, Mr W. E. Coles, and Messrs Malkin andGay. Defendant in giving his evidence said that he had tried to stop, but it did not seem to him that Hardy had made any effort to pull up. To the Magistrate he admitted that he had been wrong in cutting the corner. Mr Neild submitted that on the evidence the wheel of Hardy 's car was on the wrong side when the collision occurred, and that the defendant contended that while he had been primar1I7 negligent, there was contribntory r.egligence on the part of the plaintiff. The Magistrate held that Hardy had been on the correct side of the roadand travelling at a moderate pace, and had taken steps to pull up. There couid be no question of contributory negligence as owing to the nature of ihe road, he was in a trap. The defendant had cut the corner and had cvidently been travelling too fast. He would give judgment for Hardy on hia claim for £42, court costs £2 6/-, solicitors' fee £4 3/-, and witnesses' expenses £2 16/G. The claiin against liardy would be struek out.