Patea R.M. Court.

Patea Mail, 28 May 1881, Page 3

Patea R.M. Court.

Friday, before J. W. Kenah and H. F. Christie, J.P.’s. CLAIM FOR COLLISION. J. Sheehan, settler, Whenuakura, sued John Johnstone, livery-stable keeper, Waverley, for £6 10s as damages to dog-cart, caused by defendant’s negligence in causing a collision. Mr Hamerton appeared for plaintiff, and Mr H. E. P. Adams for defendant. J. Sheehan said he was driving homeward on the evening of April 25, the weather fine and starlight, when he saw a trap coming at a rapid pace through a cutting towards the cross roads. He pulled close to the road side to let the two-horse vehicle pass, but it ran smash against his cart, upsetting it down the steep side, and breaking both shafts. The defendant and Dr Mussen were in the buggy, and no attempt was made to slacken speed. Both were drunk. There was room to pass, and the light was good, as he could see the buggy coming 100 yards off. He helped to pull the buggy out of the ditch. Alex. Davidson, Whenuakura, saw the vehicles after the collision. Sheehan’s cart irfad both shafts broken, and he said the Tother parties were both drunk, and would ’have to pay the damage. Dr Mussen was drunk. For the defence, J. Johnstone said he was returning from W. Prouse’s farm, between 9 and 10 o’clock, and the horses were attacked by two dogs while going up the cutting. About three chains farther he met the plaintiff’s trap.' Pulled up, but the horses being excited he could not stop them, and the two vehicles got their wheels locked. Was driving 6 or 7 miles an hour, carefully) and was quite sober. Plaintiff’s trap was not standing but moving in the opposite way. Could not see it till close on it. Plaintiff’s trap was not knocked down the slope, but went down itself after the horse was taken out. Then the shafts got broke. Mr Kenah : If one object is stationary and one is moving, which will get the worse damage ? Defendant ; The one that is moving. Mr Kenah ; After you left Mr Bremer's was there any drinking of spirits in the trap ? Defendant : Not that I saw. Hr Mussen said Be had Been to visit a patient, and was not drunk. The defendant tried to stop his horses, but could not do so in time. The dogs had attacked them some distance away, and the horses had recovered and were under control before the collision. The Bench said there had been a great deal of negligence on the defendant’s part ? and gave a verdict for the amount claimed with costs. Potto v. Goodfellow, a carpenter at Manaia, was a claim for 7s 6d for goods. “Verdict with costs.