MAGISTRATE'S COURT.

Taranaki Daily News, 17 July 1918, Page 6

MAGISTRATE'S COURT.

(Before Mr. A. Crooke, SM.)' At the New Plymouth Magistrate's 1 Court yesterday the following cases were dealt with:— I ALLEGED BREACH OF COVENANT. j Hallenstein Bros., LtS. (Mr. A. H Johnstone) sued E. May and G. Arrow _ smith (Mr. J. H. Quilliam) for £2S foi . failure to carry out the terms of a least 3 requiring them to paint and repair cer- .. tain premises occupied by them. Tin 3 plaintiffs admitted, that the requiree nients respecting the inside of the builds iiig had been fulfilled, but the defendants _ had done nothing to fclio outaitlo. Defendants claimed that they were no! required to paint the outside of the premises, and that they had left the building, at the expiration of the lease, ii gocd and tenantnble condition. After hearing the evidence of an in specting architect on each side, and als< of the defendant, the 'Magistrate re served his decision. CLAIM FOR RENT. ® Mary Burke (Mr. F. E- Wilson! j claimed from Reginald Jones (Mr. A. H j Johnstone) £3 18s Id, for rent, and los; of furnishings belonging to the house After hearing the evidence, the Magis ) trate disallowed the items in the claim excepting that for two weeks' rent, ant gave judgment for £1 14s (costs 12s). * DRIVING CATTLE AFTER DARK. '< The outcome of driving stock along c public road between the hours of 0 p.m 0 and C a.m., was heard yesterday, whei '• I'ara P.uakere claimed from Petei M'Gregor the sum of £lO, for damage: alleged to have been caused through i collision between his car and some catth driven by defendant. The mishap oc curred near Oakura on the night of Maj 2S, at about 0.40 p.m. 'Mr. P. B. Fitz lierbort appeared for plaintiff and Mr. F E. Wilson for defendant. Evidence was given -by plaintiff tha' lie left New Plymouth on tho night ir question at about 6.10. He had gooc electric lights on his car. When hi turned a corner near Oakura, he sud '■ denly came upon some cattle, and wa; r.ot able to stop 'his car before colliding with one of the animals. He was travelling about 1-8 miles per hour or (he level part of the- road- The collision took place just ag he began to g< down the hill at about 16 miles. On< of the front mudguards, the steerinc gear, and one of the lamps were broken When the collision took place he heard what ho thought was someone calling out. He saw defendant behind the 1 cows, driving them towards New Plyi mouth. 0 To Mr. Wilson: He slackened his speed just -before reaching the turn in the s road. The collision took place about i. half a chain from the bend of the road. He saw the cows coining towards him directly ha turned tho corner. His lights were very bright. He tried tc stop the car and avoid a collision. He had previously seen defendant on the road that afternoon With a mob of cattle, near Okato. Ho was aware that ■ the hill -where the collision took jalce v was a dangerous one. t William Stevens, manager of Newton ' King's motor garage, gave evidence as B to the damage done to the motor-car and f the cost of repairing it. 1 Mr. Wilson, who put in a- permit to £ drive cattia which waa held by defend--9 art on tho occasion in question, sub- , mitted that as he was therefore lawp fully driving cattle it was necessary y that- plaintiff should show defendant to ; have been negligent, and as no such evl- . dence had -been given, he did not think - he had ajiy case to answer y The Magistrate said he thought he y had better hear defendant's account a* t to the way he drove the cattle on the n night in question. i After hearing evidence l , plaintiff was 3 nonsuited.