S.M. COURT.

Manawatu Herald, Volume XLVIII, Issue 3515, 24 July 1926, Page 3

S.M. COURT.

MONTHLY SITTING The usual monthly sitting of the S.M. Court was held in the Courthouse yesterday before Mr. J. L. Stout, S.M. BY-LAW CASES. •For driving ears within the borough at excessive speeds, W. R. Duncan was fined £2 with costs 17/-, N. P. McDonald £2, costs 18/-, F. C. Fantham £2, costs 7/-, R. Chisholm £2, costs 17/-; A. E. Glaiding £2, costs 9/ ; R. Porter, £2, costs 7/-; S. R. Young £2, costs 11/-; C. Lewis £2, costs 12/-. A. Groome, for allowing stock to wander on the County roajd was fined 10/- with costs 13/-. I. Alsop on a similar charge was fined 10/with costs 13/-. Mr. Bergin represented the Corporation in all the above cases. CIVIL CASES.

Judgment was given for plaintiff by default in the following civil undefended cases: — State Advances Supt. v. F. Spring, claim £ls, costs £1 14/-; H. Osborne v. J. Taylor, £5, costs 8/-; D. W. Robertson and Co., Ltd. v. A. Groom, £4 14s lid, costs £1 11s fid; E. Healey v. H. Ashcroft, £1 14s 9tl, costs 13/-; R. Bryant v. S. Spencer, £5 11s 4d costs £1 11s fid; T. W. Winstanley v. H. Hoterini, £l2 2s 4d, costs £2 16s; J. MeColl v. A, E. Smith £23 9s, costs £4 Is fid; T. W. Wiinstanely v. R. Taylor £lO 9s lid, costs £2 14s; D. W. Robertson and Co. Ltd. v. 11. Procter senr. £3 18s lid, costs £1 3s fid; same v. A. E. Smith 17/-, costs 13/-. JUDGMENT SUMMONSES. G. Papara was ordered to pay C. Rouse £9 11s, costs 15/6, forthwith, in default seven days imprisonment, warrant suspended so long as defendant pays £1 per month, first payment 20th August. T. W. Winstanley and Son were ordered to pay the Empire Manufacturing Co. Ltd., Wellington, £36 18s lid, costs £1 11s fid, forthwith in default 28 days imprisonment. 11. Mitchell was ordered to pay Mason Struthers and Co., Ltd., Christchurch, £3 Is 6d forthwith, iu default seven days imprisonment. DISPUTED ACCOUNT.

In the civif defended case A. E. Admore (Mr. Grant) v. J. Retter (Mr. Moody) wherein plaintiff claimed £8 15s for work done, the account being disputed by defendant, judgment was given for plaintiff for £7 with costs £2 Is. CLAIM FOR DAMAGES. The sequel to an S.O.S. car backing into a cycle in Main Street recently, was ventilated when P. Honour (Mr. Bergin) claimed £9 lfis 9d damages from S.O.S. Motors, Wanganui; C. H. Parfit gave evidence as to witnessing the incident. The car backed round to pull out from the curb and in doing so caught the bicycle which had been left standing against the curb and smashed it. The car was standing about three feet from the curb when-the bike was placed there. P. Honour said he spoke to the driver of the car after the accident and he told witness to take the bike to the cycle shop and he (the driver) would pay for the repairing of it. The next day he denied making the statement. Wrote to the company and received no reply. The driver’s excuse was that he did not see the bike. The S.M. said that that was no excuse and considered the drivci had been negligent. Judgment would be given for plaintiff. The driver: Can I have an order for the damaged parts? The S.M.: No.

Plaintiff informed defendant that lie could have the remains of the frame with pleasure. RESERVED JUDGMENT.

Reserved judgment was given in the ease I. D. S. Cooksley (Mr. Merton) v. H. W. Brown (Mi’. Bergin) wherein plaintiff claimed £2B 6s damages and defendant counter- ' iclaimed £67 damages through a motor collision on the Whirokino Bridge, heard at last sitting of the Court.. The Magistrate said Cooksley was negligent in going on to the bridge and that Brown was also negligent in that he was travelling too fast to have his car under proper control. • Judgment was given for plaintiff on the claim and for defendant ' - on the counter-claim. No costs were allowed.