LEVIN MAGISTRATE’S COURT

Shannon News, 16 December 1921, Page 3

LEVIN MAGISTRATE’S COURT

THURSDAY, DECEMBER 15, 1921. (Before Mr J. L. Stout, S.M.) CIVIL CASES. His Worship gave judgment for plaintiffs in the following civil cases: Lemmon and Co. v. Joe Williams, claim £36 14/, costs £4 4/ 6d; Lemmon ,&nd Co. v. Parawhenua Matakatea, claim £3l 16/ 2d, costs £3 13/6. In judgment summons cases, E. H. Claridge was ordered to pay K. Aitken the sum of £3 14/ at the rate of 10/ per month. An order was made against Skipper Royal for the payment to T. Bevan of the sum of £l7 7/, in default 14 days’ imprisonment. W. Waitere was ordered to pay Pickering, Sagar and Leece (Ilawera) £2 18/6 forthwith, in default seven days’ imprisonment. STRAY CATTLE. On the information of Geo. Watson, county ranger, Mr Irons was convicted and Aped 5/, with costs 12/, for allowing twelve cows to wander on the country road at Ohau. R. V. Brown was charged on .two informations with allowing cattle to be at large on Bruce Road, and was convicted and filled 10/ on each charge, with 7/ costs. On similar charges, J. Hassell, S. Mudgway, and J. Smith were fined £1 and 7/ costs; Hector Mason 10/ and costs* 7/, and C. Mudgway 5/ and 7/ costs* BLACKBURNE V. KIMBELL. Reserved judgment was given in the cast of George .Herbert Blackburne, accountant, Levin, y. Frederick George Kimbell, bank officer, Wellington, a claim of £2OO damages for injuries sustained, and for special damages, through defendant’s motor car having collided with plaintiff in Oxford Street on’July 11, 1921, as a result of which plaintiff had his leg broken, and was incapacited for 14 weeks in'hospital. His Worship stated that he was of opinion'“’that the. accident was caused solely by plaintiff’s action on the night of tjie accident. He saw the car lights down near the Grand Hotel, but went on, and the next thing .he knew was that the car was close .to him.. The car swerved to avoid plaintiff, who seems to have jumped forward and backwards, and then he was struck. One witness had stated that defendant’s car was proceeding at fast pace on the way up from the station, but the evidence of defendant and his daughter was that they slowed down before reaching the Grand Hotel, and more so by the time they came to the library, and this evidence was not. contradicted. Defendant would be unable to see plaintiff until 1 the car lights shone on him. When he I did so he swerved to avoid him. If I plaintiff saw an approaching vehicle | and turned his back on it, then he j must suffer the consequences of hisi own neglect. His Worship quoted a ■ judgment by Judge Salmond, which) stated that “when an accident hap-f pens through the combined negligence I of two persons, he alone is liable to the other who had the last opportunity of avoiding .the accident by reasonable care.” judgment would be for defendant, with solicitor’s fee £lO. At Mr Adams’ request, his Worship fixed cost of appeal at £3O. ; At the original hearing, Mr Park appeared for plaintiff and Mr Merton for defendant.