CAR AND MOTOR CYCLE DISPUTE.

Pukekohe & Waiuku Times, Volume 8, Issue 484, 24 June 1919, Page 4

CAR AND MOTOR CYCLE DISPUTE.

Claim and Counterclaim. A case that attracted considerable attention at the sitting of the Pukekohe Magistrate's Court on Thursday, before Mr F. K. Hunt S.M., was that of Messrs Gallagher, Howe and Moore, motor garage proprietors, against Dr. CampbellSmith, both of Pukekohe, for the recovery of £47 Ha 2d for work done, goods sold and delivered, and moneys paid by plaintiffs for the defendant for certain articles to a motor car and motor bicycle.

Defendant confessed £l7 3s 5d of the amount, and 'counterclaimed £2B 5s 6d. Of this, £25 was claimed for alleged damage sustained by reason of the plaintiffs' seivant, in or about December 1918, according to defendant, negligently and unskillfully riding and managing a new motor cycle belonging to defendant, while in the custody of the plaintiffs, that the machine collidod with a telegraph post in King Street, whereby tho motor cycle was injured and becamo depreciated in value. (2) The sum of £3 5a 6d for damage sustained to the two headlights of a motor car belonging to defendant and injured by the plaintiffs or their servants while repairing same in or about December 1918, whereby the same became depreciated in value.

Mr C. 0. Mahoney appeared for Messrs Gallagher, Howe and Moore, while Mr W. P. Hopkins appeared for Dr. Campbell-Smith.

The counterclaim was heard first

])r. Campbell-Smith, plaintiff in the counterclaim, said on November 29th 19!8, ho purchased from defendants a brand new Indian motor cycle. For some time after the cvde was forwarded to defendants he allowed it to s f ay in defendants' garage. That w?s during the epidemic. He obtained delivery of the machine, but could not get it to sta;t A friend and lie managed to etavt it, and witness rode it a little way and returned to his home. He rang up and asked defendants if they could get someone to ride it and loosen it down for him. Someone answered the 'phoue and agreed to rid') it. The rider rode it into a telegraph post, and somewhat damagi d the cjele. He thought the ridor was careless when he struck the post. He could not get an offer over £SS for a brand new bike, although he paid £llO for it. If he could any better offer, he would reduce the claim, no had got a man from Auckland to look at the machine, and he offered £8. r >. With regard to the second claim, witness sail he took his car to the garage ami asked Mr Fawcatt to att3nd to tut lamps. He attempted to fix it, but broke a glass. When he was dri/ine: the car the illuminator fell out, and the lamp was now practical v valueless.

To His Worship : The handle liars, benzine tauk, oil tank, lamp an 1 several other parts were badly dented, as well as the paint and nickel being knocked off. The machine had been repaired, but the new paint and dents spoiled the appearance from a selling point of view. The machine was too much for him to handle, as he had a bad arm and could not do it.

To Mr Mahocey : He rode the machine down the road, but " funked " it, and returned home agaiu. Ho rang up and got some ono to come and get the machine to loosen it down for him. He believed a young man named Jonas rode the machine and he rode it in office hours, When the accident happened lie was standing on the ro(;d speaking to Mr Gallagher. Witness said, " That's a piece of lladi riding." Regarding the car lamps he thought Mr Fawcett was incapable of fixing the lamps He hal been put to a lot of inconvenience through the lam;., which had nn been i«pairod yet. He made seural atl'iupts to get new lamps but could not do so.

To Mr Hopkins : Gallagher's shop was open at the Mine Jonas rode the bike into the telegraph post When Jonas fell oft, witness did not even go forward to see if he was hurt as he was so much annoyed, because just before die accident Jonas was looking round and grinning all over his face, do maintained thut he employed the linn to do the job. Thomas Bolton, motor garage proprietor, Epsom, said he had seen the bike and in his opinion the value had deteriorated somewhat. It was a new bike bu! now termed secondhand. From p. sel'ing proposition, it hud depredated about £2O to £25, but from i working proposition, was alright The bike w>»s worth £;»() now With regard to the ear lamps, he thought a now lamp could be procured for i'.'J 15s.

To Mr Mahoney : It was not npccwsarv to buy lock stock and barrel, as the lamp ( mid be repaired

Mr W, Karews, moti-r garage proprietor, i'ukekolie, said he had sa«'D t!;n daumgod motor hike. Ho considered that the bike bad c!epn ci«if-d in value about £2f>. The bike was worth £'Ml Failing the r'-pl.-ifitmei.t ol the- old parts i'l tlu i-i, I ■:•.]!.• ;i li:w 1 tuip was i- <j uirotl. : in-; iu:i i N'i K. •' S Faw.et'., ass-.s'ant manager >)t defendant' < lirm, and formerly fov man, said tin- hike purchased bv the doctor w- explained to 'he doctor bv J mas. The tirtn were sub-agents 0,1 the Indian They considered the rloofor knew ail about the bike, except tli" controls. It became evident that the doctor did nor, get on verv well with it. About 5.30 one evening he saw Jonas with the bike, and he made enquiries, and found that Jonas was riding it for the doctor, and that it had nothing to do with the firm. Mr Gallagher told him that the accident had happened, Jonas was off work for about ten day, as a result. He forbade Jonas to ride the machine, in case of accident, as if the bike was damaged, the doctor, who had not paid for it, might throw it back on the firm's hands Jonas replnid tha* he was'

not riding the bike for the firm, but for the doctor. The biko was re paired by Jonas during the eveningr, and he had never received payment for the work done to it, as he was not employed by the firm to do it. The bike was left at the garage some time after the accident. Mechanically, the bike was alright, while, from a purchaser's point of view, it had depreciated as regards looks. He offered to repair it and re-nickel for £lO. Regarding the lamps, witness said the doctor pulled up in front of the garage, and told him what had happened. Witness endeavoured to get another rim for the lamp, and if he had been successful he would have charged it up to him. He would replace the broken glass. To Mr Hopkins : He knew whtn the accident happened, but did not see it happen. After the smash, Jonas was allowed to repair the machine, but in his own time.

To His Worship : At tbe time of the accident Jonas did the tuning-up of any new machines. W. Jonas, in his evidence, said the machine came to the garage and he tuned it up. When he had got it in running order ho rode the hike all over the place. At various times the doctor came into the garage to soe the bicyole, and the working of the controls was fully explained to him. Eventually the bike was delivered to the doctor's house, but a day or two subsequent he came in said they had not explained the working of the machine to him properly. The doctor asked him to ride the bike and loosen it down for him, and hand it back to him, so that he could ride it. Witness said he did so, but rode the machine only in his own time. He could not ride it in the firm's time, as he was employed by the doctor to ride it and not by the firm. On the occasion of the accident he was about to turn round. Those who knew all about an Indian were aware that when turning round the controls seem to open up the benzine pipe, which caused the engine to race. On this occasion the engine raced, and the bike dashed into the telegraph post. He was off work for some time as a result of the •' throw out," but was never compensated for the time lost. The bike was repaired by witness and a cycle mechanic employed at the garage. The extent of the damage did not seriously affect the mechanical part of the bike. To Mr Hopkins: After he had fallen off, Mr S. Gallagher assisted him to pick it up and return it to the garage. To His Worship: He rode the bike to oblige the doctor. S. Gallagher, one of the principals of the firm of defendants, said he received no instructions from the doctor relative to the machine, but heard the doctor give the instructions to Jonas to get the bike into running order, and to take the stiffness out of it Witness never gave Jonas any instructions about the machine, as it had nothing to do with the firm. Witness was speaking to the doctor at the time of the mishap, and the former referred to Jonas' "flash riding." To His Worship : The firm took the stiffness out of the machine before it was delivered to the purchaser. After the bike was delivered, the firm had nothing further to do with it.

With regard to the claim, Mr Hopkins (for the defendant) said they considered the amount charged for the oyerhaul of the engine of the doctor's car (£25) extortionate, and they disputed it. He pointed out that the car was taken to the garage and attended to. The doctor obtained the car, but it would not run smoothily there was an elusive "miss." He took the car in and out several timer, but the mechanics could not rectify the defect. By this time the doctor was " full up," through being inconvenienced, and, subsequently took the car to Messrs Cooper and Ourd, who found the cause in ten minutes. It cost another £l3 to over-do Messrs Gallaghej, Howe, nn.l Moore's work, and he submitted tbat the amount of the letter's account ($25) was extortionate.

Mr Mahoney said the real fact of mattor was that the doctor, being a particularly busy man, required his car. He put it into the garage, and the firm worked night and day and on Sunday to have it completed The doctor wanted the car, and took it away before it wa* completed. There was an elusive ll mias," they admitted, but, if given proper conditions, they would have obviated the nuisance. Instead of giving Messrs Gallagher, Howe, and Moore a <hance to complete the work, the doctor took the car to Messrs Cooper and Curd's. He contended that tne amount was reasonable. As arrangements had been made to have a motor expert for each party, and plaintiff's representative failing to appear, the case was adjourned until next Court day, the evidence of the j two experts to be heard in Auckland, i

Mr. K. Gillandcrs. Hawera. writes |.< tlu Olagn i->aily Times: " The Hawera Star has reprinted from a recent issue oi ttie Ota»o Daily Times a statement that the Hon. G. M. Thompson lias made some very adverse comment- on walor dixining, and has attributed the heliel in water divining to ignoranee and li,e want oi scientific training. lam noi piepared lo discuss i he latter part of his contentions, but I am prepared to demon>irak to him, any scientist, or bod) oi scientist-, wh"Ui he cares to appoint, thai v. .iter div initio '•• neither, to (mole hi*own v. .Uk ullaev " noi " hereby thai dies li.ml.' I -.liali undertake to do this wiih,ui either twig oi in.-lrument of .my kind whate\ci,audhliud(olded should he desire so. Should I fail toetablish my contention I shall pay ill expenses in connection wilh the demonstration. On the other hand ii 1 prove that water divining is neither fallacy nor heresy, 1 shall expect mv expensees in connection with the demonstration to he paid."

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