MAGISTRATE’S COURT

Hokitika Guardian, 5 March 1931, Page 6

MAGISTRATE’S COURT

THURSDAY, MARCH 5. (Before W. Meldrtim, Esq. S.M.). POLICE CHARGES. The police charged a prohibited person with being found drums.. lined 20s and costs 10s. The police charged another prohibited person with being on licensed premises (Air murdocli). A plea ol gniity Wits made. Fined 10s and costs 10s on one chage and ordered to pay costs on ti second charge,. The police charged a resident of Kokatahi with being on licensed premises after hours (Dominion Hotel). Fined 20s and costs 12s. BOROUGH BYE-LAW'S. Borough inspector, \Y. E. Gaylor, V-Wr Park) v. 11. Don, a charge ol driving a motor car tit an excessive speed in Be veil Street, Fined 10s and costs zU.s (id. DEBT CASES. State Advances Department v. E. R. P. Ferguson, claim £lB (is 2d. Judgment lor plaintiff with costs 235. 11. Lewis v. Albert Agnew, claim tri) 15s. Judgment for plaintifl with costs 19s. F Wilson (.Mr .Murdoch) v. J. 'limpson, claim £Bl 15s rent due ami order lor possession of the tenement. Judgment ior amount claimed with costs £i 17s and order made for premises to he vacated Tiy the 19th inst. DEFENDED CLAIM. Gor don Hareourt (Air Park) v. Alex under Spence (Mr Joyce) claim ior £9l 12s Od, for damages arising out ol a collision of plaintiff’-s car with defendant’s delivery cart on Arahura Road. Gordon Hareourt, motor car proprietor gave evidence that on Alav H, 1929 his car was damaged in a collision on Arahura road, lie was claiming damages for repairs £lO 17s 6(1, loss of profits £55 and depreciation £2O. Cowan was in charge of the car.

To Mr Joyce.-—First saw the ear aftor the accident on the Monday. It was a Hudson tourer. Particulars wore given of the 'damage done and repairs effected. Had been waiting to secure the. evidence ol an impoitaur. witness. Hunter.

Robinson James Cowan, gave evidence lie was a motor driver for Alt I lareouri. On -May 11th. 1929, lie left Hokitika with a Hudson motor car about (5 p.m. on a leggy night and when near the abattoirs saw a horse ami cart on the wrong side of the road. Immediately swung to the left flic cart had no lights. AY it ness had all his light burning. It was long after siinset, which was at 4.-19 p.m. Witness swerved to the left completely off the road. The hub of the cart wheel struck tin' rear right door and mudguards of the car. Saw tie- driver was Spence and that he was all right, Spence -aid lie had no lights. Told , him he was in the wrong, not having lights and Spence agreed. Spence appeared to have had some drink. Ibe car was too much damaged to go on. The door Was smashed by {he hub of the wheel the mudguard was damaged and the front wheel was broken. Damage was'done to the hood. Immediately aider the accident, sent lor ibe police and Constable Drummond came out and inspected tlm position. t,, Air .Joyce.—Tile cart was over the centre of the road. ’I he accident happened between two posts, and he stopped near cue ot the posts. Ihe horse was not struck. Spence was knocked ml of the cart, it was a good wide road and the night was nusty t TJuntei wits the passenger. They were coming back next day. Both shafts of tint last were broken.

To his Worship—Did not put on the brakes. The cart was about 15 vards ahead when first, seen. It. was a misty night, The cart was travelling about 6 to 8 miles an hour. Travelling at 20 miles an hour could sto.p rite car in about- ten feet.

William Hunter deposed he resided at Cobden. On Uth. Alav, 1929 was :n Harcourt's car. Al.ot a cart and came into collision about 6 p.m. near the abattoirs. The car was on the left hand side of the centre of the road. The driver of the car swerved suddenly to the left to avoid the cart, which collided with the car near the back door. The cart was on the right hand side coming to the car. The cart was 30 to 40 feet away when first seen. The car went over the bank with the front: wheel to evade the cart. After the collision Cowan said to .Spence are yon hurt. He said no. Where are your lights. Spence said lie had none. The front wheel of the car was broken. To Air Joyce- Tt was a bit foggy. Constable Drummond gave evidence that he went to the scene of an accident on 11 th. Alav 1929 on Arahura road. Found a collision had taken place between a motor car and Spence’s cart. AYhen lie got there Cowan and Hunter were there, hut not Spence. The rear right door was hadlv bent and mudguard damaged. The front wheel was broken. The cart had both shafts broken, with dents on thp (tub v»f the wheel. Traced the car wheels just prior to the accident. They were on the left off the centre of the road. Just prior to the accident the car had swung to the left. The car was 20 vards from the place of collision, when it stopped. The night was a clear, good one. This was the case for plaintiff.

Mr Joyce commented that the accident had taken place nearly two rears ago. and asked if it was necessary to call evidence.

Air Park replied to Air Joyce’s .points.

His Worship in giving; his verdict said there was no question that there was negligence on the part of the defendant in driving at night without a light and not being on his right tide of the road. The evidence had shown that the plaintiff lalso was negligent and he had the best means of preventing the accident. He was travellimr at a considerable rate or speecl. He stated be was doing about •?b miles but obviously was doing more. If be bad been travelling at 2o miles an hour he says he could have pulled up in ten feet. If he bad been travelling at that rate and had pulled up. the horse and cart would have been well clear and no collision would have taken place. Tt was obvious be had been going faster as tire car did not stop till it was 20 yards from where the collision took place and he had not onlv knocked the cart over hut had "one that distance. He was evidently driving carelessly. The driver says it was foggy while Constable "Drummond ■ears it was a clear good night. The driver of the car was guilty of negligence, as it was in his power to prevent the accident if he had slowed on or even stopped his car. The plaintiff would be nonsuited with ■costs, witnesses 365, counsel £4 10s.