DAMAGES AWARDED

Otago Daily Times, Issue 26634, 3 December 1947, Page 2

DAMAGES AWARDED

MOTOR COLLISION CLAIM CIVIL CASES HEARD After hearing lengthy evidence in the Magistrate’s Court yesterday Mr H. W. Bundle S.M., awarded damages amounting to £72 4s lOd to . Arthur Kelvin Saxton. The plaintiff, who was represented by Mr A. J. H. Jeavons, claimed from Herbert Leonard Watson (Mr E. J. Anderson) £B2 7s 4d for damage caused to his car after a collision with the defendant’s car at the intersection of Quarry street and Ferguson street, on July 6. Giving his judgment, the magistrate said that the plaintiff had evidently driven carefully as he approached the corner, while the defendant had driven towards the intersection at an excessive speed. As the plaintiff knew the locality well, he was convinced that the collision bad been due to careless driving on the part of Watson. The magistrate awarded £62 4s lOd for the cost of repairs and £lO for general damages. Costs were also' allowed. i Relative Hardship “ Here is one of the usual difficult cases in which hardship exists on both sides,” said Mr Bundle after hearing the evidence in a claim by James Gilbert Buchanan (Mr F. W. Guest) for possession of rooms in a house at 1 Lonsdale terrace, Belleknowes, from Mrs Florence Amelia Cope (Mr R. King). The plaintiff said that at the present time he was living with his wife and two young children in a two-man army hut at Tahuna Park. The accommodation was quite inadquate and he had been given notice to quit. He would be satisfied with two rooms in the house he had purchased in Lonsdale terrace. The defendant said she had been living in the house for over 11 years, the dwelling being also occupied by her husband, son and uncle. Witness had made every attempt possible to get another house. The magistrate said he would adjourn the case for a week to enable the parties te try and make some arrangements about the use of rooms and conveniences in the house. The plaintiffs case was an urgent one.

No Order Made

The magistrate (Mr J. D. Willis) declined to make an order in favour of John Byrnes (Mr F. W. Guest), who claimed from Edward Edwin McLaren and Alfred Allan Ross possession of three furnished rooms in a house at 13 Neidpath road, and entered judgment in favour of the defendants. The case had been adjourned from the previous day. In evidence, allegations were made both by the plaintiff’s mother, Mrs Isobel Byrnes, and the defendants concerning noises and differences of opinion. Undefended Cases Judgment by default was entered for the plaintiffs in the following cases:—C. S. D. Aitchison v. T. Thompson, balance owing, £1 7s 9d, with costs (£2 4s); Parker and Keane, Ltd. v. John Allan Goodman, services given and goods supplied, £4 15s 4d, with costs (£1 5s 6d); Commissioner of Taxes v. James Joseph Lyons, taxes owing, £lb 10s 6d, with costs (£1 ss);