PLAINTIFF FAILS

Otago Daily Times, Issue 26628, 26 November 1947, Page 3

PLAINTIFF FAILS

COUNTER-CLAIM ALLOWED

SEQUEL TO MOTOR ACCIDENT

“ The brakes of the plaintiff’s car were defective, and the defendant had the right of way,” said Mr J. D. Willis, S.M., in the magistrate’s Court yesterday, when Roger Bevan Dodds (Mr G. M. Lloyd) claimed £ls from William James MorganRoberts (Mr E. J. Anderson), the cost of repairs to Dodds’s motor car following a ' collision with I Morgan-Roberts s The accident occurred at the intersection of West avenue, Surrey street and Bay View road on April 3, and negligence on the part of Morgan-Roberts was alleged by Dodds. The defendant counter-claimed for £B6 5s lOd special damages for repairs to his car, and alleged negligence on the- part of Dodds. After evidence was given by the plaintiff and the defendant. Constable Mannix, Lionel Kelvin White, Ernest Lionel Coxhead and Ernest Hunter Barrett, the maeistrate gave judgment for the defendant for £B6 5s lOd, with costs (£2 3s) qnd solicitor’s fee (£4 6s). Judgment by Default

Judgment for the plaintiff by default was entered by the magistrate in seven civil cases:—Brown, Ewing and Co., Ltd., v. J., Thompson, claim £5 3s, with costs (£2 Gd); Commissioner of Taxes v. Alexander McDonald Brown, income tax unpaid, £lO 16s 6d, with costs (£1 6s); Commissioner of Taxes v. Overton Reed, income tax unpaid, £36 8s lid, with costs (£1 12s): John Mill and Co., Ltd., v. James Dow Williams, claim £3 10s, with costs (£1 5s 6d); T. W. Dobbie v. H. C. Burgess, claim £ll Is, with costs (£2 19s); M. Stevenson, Ltd., v. D. McDonald, claim £l2, with costs £2 18s; Commissioner of v. Francis Henry Taylor, income tax unpaid, £l3 13s 2d, with costs (£1 4s).