COURT NEWS

Opotiki News, Volume I, Issue 49, 27 June 1938, Page 2

COURT NEWS

INTOXICATED MOTORIST ANOTHER CHARGE Another charge against an intoxicated motorist was heard at 'the Police Court this moaning before Messrs J. T. Merry and J. D. Clark, J when Clifford Henry Robinson, farmer, of Kutarere, was charged that on 25th. June lie was in a state ol intoxication in charge of a motor car. Sergeant J. Isbister, who prosecuted said that about 6 o’clock on Saturday evening, traffic inspector J. H. Morell met accused driving a motor car ou the corner of St. John and King streets, driving erratically and swerving from one side of the street to the other. Mr Morell obtained the assistance of another motorist and drove in front of accused, stopping him. Accused was brought to the police station and examined by a docttor who certified him to be in. an unfit condition to drive a car. Not. satisfied with this examination accused was further examined by another doctor who certified to the same effect. Accused had not- previously been in trouble.

In convicting accused the bench said it was bound to look seriously on the matter on account of danger to others. A fine of £lO was impos 'd and accused’s license was cancelled to the end of May, 1939.

DISTURBANCE IN THEATRE SINGER INTERRUPTED ! MAORI FINED £5 A charge’of behaving in a disorderly manner in a public place, the Do Luxe Picture Theatre, on Saturday night, was brought against Kahuraugi Kari Kari. of Te Kaha, at present engaged in a wood-cutting contract for Mr Power at Woodlands.

Sergeant J. Isbister stated that it was a particularly bad case as it took place .on Saturday night when there was a record attendance for a special performance by Dan Foley. As soon as the singer came on the stage accused caused considerable disturbance by singing. Dan Folev left the stage when his performance was only naif completed, complaining that be had never been treated so badly in New Zealand. Each time accused created a disturbance ether Maoris would call out for him to stop. Accused had been warned by the doorkeeper. .Vs a result of the disturbance the police were called in. Sergeant Isbister said that the public should not be disturbed by a drunken lout such as accused. The Bench remarked that accused Alas only one of a crowd and must realise lie could not create a disturbance. Accused was asked if he would consent to take out a prohibition order against himself for 12 months. Accused agreed to this and was convicted and fined £5. in default 14 days’ imprisonment.

KUKUMOA HILL ACCIDENT ' NO NEW TRIAL COURT DISAI [ SS ICS A I.OT lON The motion tor :t now trial in tho east* in which David Alikaere, of Opape, Opotiki- .farmer. obtained damages' m a claim against To Whaakg Waiapu. of Omarnmutn. carrier, and Alin'd Whitman It n of Nukuffou North, carrier. Ims been refhsod by Air Justice C'allan. Air A. H. Johnstone, K.C. and Air Rlomfield appeared ter Waiapu on the original hearing and Air Richmond in the application for a new trial. Tho motion. which was brought by Air Richmond on behalf of Waiapu. was for a non-suit-, or alternatively, for judgment for Waiapu notwithstanding the jury’s verdict or for a new trial. The ease arose out of an adcident that happened on tho Kukumoa Hil, near Opotiki. on February 10, 1936. when Alikaere, • a passenger in a truck driven by Waiapu. was struck on the elbow by a passing truck driven by Ruff. At a hearing last August a jury awarded Alikaere £3OO general and £l4B special damages against Waiapu only, absolving Ruff from responsibility. .When the new trial

was applied for some days ago, Mr N. Y. Hodgson (Opctiki) appeared) for Mikaere to oppose the motion, and Mr North and MV Wallace ttP' watch the interests of the defendant Ruff.

His Honour said that the jury was entitled to inter, by a process of reasoning, which lie indicated, that the two vehicles' were too close to one another in passing, and that the fault of this lay solely with Waiapu. According to Ruff’s evidence, Waiapu crowded Ruff off the road. He ivas not satisfied that the jury was bound to conclude that because the two vehicles did not even touch each other it followed that they could not have passed as close as two inches. Other arguments submitted in support of the motion were clearly matters fertile jury.

* His Honour did not consider that the jury was compelled to hold Mikaere guilty of negligence merely liecause lie sat in a way that led to his elbow protruding as much as one foot, even if it concluded that this much protrusion of the elbow was established against him. “As a. matter of fact, said His Honour,, “it appears to me upon the evidence that the verdict could well be explained upon the basis that it Avas established that Waiapu was negligently too close to Ruff, and that Mikaere’s elbow protruded, but that- it was not established how lar the elbow protruded.” The motion was dismissed and the question of costs reserved.

RESERVED DECISION SALE OF LAND JUDGMENT FOR DEFENDANT Decision has been given by Mr E. L. Walton SAL in a case in the Magistrate’s Court at Whakatane oi: considerable interest to property owners. A. J. Canning, or \\ hakntane, land agent (.Mr 1L S. Barry) sued D. C. Anderson of Waimana, farmer (Mr N. V. Hodgson),-, for £l5O claimed tor commission in sale of defendant’s property at Nukuhon North in March, 1938, to Air H. N. J. Tipping. For the plaintiff it was claimed that defendant in the authority to sell given to plaintiff,, had agreed to pay coin mission at the stipulated rate in the property was sold to anyone introduced through plaintiff’s agency, that plaintiff had been the agent to introduce Air Tipping as a prospective buyer to the defendant at the end or July, 1937, and had then taken him to the property, and that plaintiff was accordingly entitled to the commission. The defence was that the property had first been mentioned t 0 Air Tipping by Dalgety and Co. in June. 1937. as coming into the market, that no business resulted from plaintiff’s efforts, and that it was a‘s a result of Dalgety’s taking up the matter of the sale of the property again ’with Air Tipping .in February, 1938. that a sale was effected.

The Alagistrate in his decision found, that the fact of the property coming into the market had been mentioned by Dalgety’s to Air .Lipping in June, 1937, and that although plaintiff took Air Tipping to inspect in July, 1937, this played no part in the completion of the sale which had been effected entirely as a result of ’Dalgety’s efforts in February, 1938.

He therefore gave judgment for the defendant, with costs £2l 11s.