Magistrate's Court.

Taranaki Daily News, Volume XLVII, Issue 7739, 15 February 1905, Page 2

Magistrate's Court.

«.— TI'ESDAY, FEBRUARY 11. (Before Mr T. Hutchison, S.M.) —Claim for Damn'gies.— Baldock v. Baker. In this case, in which plaintiff sued defendant for i £25 damages for injuries sustained i through a fall from an express con- < sequent on the horse bolting through 1 having its head gear stripped off by t defendant's trap, the S.M. delivered ( judgment on Tuesday morning. \ His Worship, after setting forth ! the undisputed facts of the case as 1 deduced from the evidence, snixi the question at issue was how (inen- t away's horse was stripped of its l head gear. After dissecting the evi- ' ck-nce on both sides on this point, i the S.M. said he thought the balance 1 of evidonre was in favour of tho defendant. -There was not, he consid- '• ered, a little of evidence to show ! thnt defendant was the callous man I that he must have been according to '• the enso for tho plaintiff, and His 'i Worship was therefore of opinion j that the allegation of negligence ,' against the defendant was not prov- i ed. With regard to the case cited • by Mr Wright in support of his con- ; tention that the defendant was liable ' if any negligence could be proved ag- 1 ninst him, -even though plaintiff's | coachman (Greenuwny) was also , proved to be negligent, that decision , had been overruled by the House of , Lords. He also held that the Eng- , lish common law as to the rule of j. the road had been superseded, and |' that it was only when meeting ano- ; ther vehicle that n driver was bound | to go to the left. Plaintiff would, { . therefore, bo non-suited with costs ■(£4 45.) [■ Mr Wright applied to the Magistrate io fix the amount of security for tin appeal. | His .Worship named £lO ]os, but, j after ' some argument with Mr , Wright, intimated that tho sum could be lixed when the appeal was lodged.