STRATFORD.

Taranaki Daily News, 10 December 1920, Page 6

STRATFORD.

taranaki daily news. 6TBATPORD AGEXCT. Advertisements and items of news for publication should be left at the office of the local representative, \V. J. Wilson, next Union Bank. . MAGISTRATE'S COURT. December 9. Reserved judgment was delivered by Mr. T. A. B. Bailey, S.M., at the Hawera Magistrate's Court on Tuesday, in the case George Kehely v. William Hunwick, which was heard at the Stratford Magistrate's Court on Friday, December 3. The claim was for £SB 16s for damages to the plaintiff's motor cycle as a result of a collision between the cycle and a motor car driven by defendant, which collision the plaintiff alleged was due to the negligence of defendant in the driving of the car. After reviewing very fully the evithe judgment stated that all the evidence given by and on behalf of plaintiff points to the fact that the defendant was travelling fast and that he swerved somewhat suddenly on the road. Which version of the occurrence was likely to be correct? If, as defendant said, he was travelling slowly (and he put the speed at under '2O miles an hour) and had straightened up his car before the blow-out occurred, then the blowout should not have caused his car to swerve to the right. He was quite satisfied on the evidence that the accident was caused through the blow-out, and the blow-out itself was caused through the defendant travelling too fast. The speed at which he was travelling was probably not dangerous had he been running straight on the road, but the quick turns he took in passing in front of the lorry and then straightening up on the road made the speed dangerous, and the defendant must be held liable for the results. There was evidence, too, that the defendant admitted at the time that he was to blame for the accident, and there was no doubt that he did offer to pay for the repair of fhe machine, .though he said tJiat in doing so he did not admit that he was to blame for the accideht, but, as he put it, the accident occurred through the blow-out of his tyre, and he thought it a fair thing to pay. for the damage to the other man's machine. When the defendant learned that the cost of repairing the machine was £3O, which was the estimate given, he repented his generosity and decided to fight the matter, fla he thought the claim was excessive. As a matter of fact the cost of repairing the machine amounted'to more than £3O, and the plaintiff also claimed for loss of time and medical expenses. He could not lose sight of the fact that the bicycle was an. old one, and the replacement of some of the parts by new ones probably put it in better order than it was, at the time of the accident. The plaintiff also included in his claim 30s a day as loss of earnings' by his horses. The horses were resting during that time and some allowance should be made for that fact." Judgment was for £SO, with the usual costs.—Star.

GENERAL. A seven-seater Hudson motor car, belonging to Mr. A. J. Daney,-,of Stratford, was totally destroyed by fire on the Bird Road hill this afternoon. Several members of the local fire brigade proceeded to the locality with a chemical extinguisher, but they arrived too late to be of service in saving the car. The cause of the fire is believed to have been due to i back-firing.

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