WAIRARAPA DISTRICT COURT.

Wairarapa Age, Volume XXXII, Issue 3203, 1 June 1909, Page 3

WAIRARAPA DISTRICT COURT.

ALLEGED LIBEL AND SLANDER. PLAINTIFF NONSUITED WITH COSTS. (Before His Hunor Judge Haselden.) Yesterday the Wairarapa District Court was occupied in hearing a claim made by Charles Gurote, cabman, against James Cairns, Borough Inspector at Maslerton, for £IOO damages for alleged libel and slander.

The statement of claim allegp.d that defendant made a false and malicious report to the Borough Council on March last regarding the qualifications of paintiff t? hold a cabman's license and the condition of his cab and horses, in consequence of which he was refused a license.- The defence alleged privilege and justification. Mr R. K. Jackson appeared for plaintiff, and Mr C. A. Pownall for defendant.

The case was heard before the Judge alone.

Mr Jackson, in opening, said plaintiff applied to the Borough Council for a license for himself and for his cab. At that meeting defendant made a written and also a verbal report, as set out in the pleadings, which, it would be alleged were both false. Counsel called —

John Hunter, retired contractor,' who stated he was on the Borough Council for 12 months, during which tiuie plaintiff applied for a license for his cab and fbr himself. On (he first occasion there was, witness believed, a full Council present. Witness heard the report of the Borough Inspector (defendant) read. After reading the report the Council decided to adjourn the application for further inquiries for the reason that there might be matters unknown to the Council in favour of applicant. Witness was present at the meeting when the matter was finally disposed of. Mr Jackson appeared at the Council in person, and it was decided to hear defendant on the matter, as the matters reported on by the inspector were said to be concerning long past transactions. Defendant replied in answer to inquiries, that ha had nothing further to state. Defendant was asked if he knew of any recent objection to the application. Defendant replied that plaintiff had recently been in trouble in Carterton and was continually drunk. Witness gathered from this that the trouble was one for which he was before the Court.

S Joseph Charles Ewington, iron founder and wheelwright, also a Borough Councillor, gave similar evidence. .

John Yarr, law clerk, a Borough Councillor, also corroborated Mr Hunter's evidence.

Philip Luscomby Rollings, Mayor, gave evidence on similar lines to the previous witnesses as to the reading and receiving of the reports, also producing the reports and the minutes of the meetings. There was no suggestion of malice on the part of the Inspector. Witness here deposed to certain produced reports by public officials being received at the time of the application. Mr Jackson at this stage asked his Honor's ruling as to whether the onus had now been removed from, plaintiff to defendant to prove his case. Plaintiff had proved a libel sr.d a rl?.::d?r / md counsel contended that the burdtn was now on defendant to justify it.

His Honor considered that Mr Jackson desired a prematui - e expression of opinion and therefore further evidence for plaintiff was called, John K. Blinkhorne, tobacconist, said he had ridden in paintjff's cab, and it carried him all right. He had known plaintiff personally about a year, and had not seen him the worse for liquor. Thos. Wagg, coachbuilder, said plaintiff's cab was in fair order about two months ago. There are worse cabs already licensed. The horses were in very bad condition when witness saw them la3t.

Carew Thomas Ellers, Native Commission agent, said he had known plaintiff for about 37 years. He had not seen him drinking during the last few years—plaintiff was rather too fond of money to spend much in drink. The cab was not a gaudv one, but it was a safe and sound one. He would trust plaintiff with his house and goods.

Charles Gurote, plaintiff, said he owned a cab and a palace car, In March last plaintiff was summoned by defendant for dr ving without a license. Witness was fined about £8 (including the costs). Witness then applied to the Borough Council for a license, but it was refused. Witness denied that he was frequently intoxicated. He paid £IOO for his fcab some years ago. It was stronger than any other in Masterton at present. .The horses comprised were three thoroughbreds, but these were not of a bulky breed. On one occasion five horses dragged the palace car and several passengers and • a disabled motor car with eight passengers. The cab had once been specially licensed by the Borough Inspector—about five months ago. About ten years ago at Wellington defendant prosecuted witness for attempted burglary, witness receiving three years hard labour. Ke Relieved witness had a spite against him: . . By Mr Pownall: Defendant was a police constable when he arrested witness for burglary. Mr Pownall here produced a record of convictions against witness which were admitted by consent. This closed plaintiff's case. Mr Pownall, in moving for a nonsuit, said that it was incumbent on the Borough Council to see that not only were the vehicles licensed suitable and sife ones, but that the persons were also desirable ones. Judgement was entered for defendant, with costs £6 19s, and witness s expenses.

CLAIM FOR DAMAGES. YATES V HARRIS. John Yates, farmer, sued Harry Harris, settler, for £2OO damages for personal injuries, etc., alleged to be caused by defendant's motor car knocking plaintiff down. The statement of claim set out that on the evening of March 13th, 190y, about 8.30 o'clock, as plaintiff was walking along Renall street close to the footpath, and on his right hand side, he was struck by a motor car, without any light*, driven by defendant. He was knocked down and ren-

dered unconscious, sustaining severe injuries to the right leg. slight injury to his right eye and left ear, and severe co/ituaion and shock. Defendant had bean incapacitated from work, and had to tmuloy others temporarily to do it for him. The injuries set out caused severe pain and had caused medical expense to plaintiff. Tt was alleged that the accident was due to wilfully, negligent ana reckless driving by defendant (1) by going at an excessive speed, (2) without lights, (3) driving on the wrong side of the road and without sufficient caution. The statement of defence a-imitted the facts as to the accident taking place and at the time stated, but said that the lights were lit when the car was started, and went out without any negligence on defendant's part befo.e the contact, and in any case the abence of lights had no bearing on the accident. Excessive speed was denied, and defendant alleged that he travelled on the right hand side of the road because it was better iighted. Contributory negligence in not using the footpath was also set up. Mr.C. A. Pownall appeared for plaintiff, and Mr T. Wilford, of Wellington, for defendant. The case was heard before the Judge alone.

John Yates, plaintiff, a farmer and dairyman, residing at Upper Plain, outlined the occurrence of the acci- , dent. The night was dark, and drizzling rain was falling. He thought he would be safer on the road than on the footpath just about where the accident occurred. The car struck him as he was stepping on to the footpath. Witness was knocked down and felt dazed after the accidant. No warning was heard from a horn or bell. Witness saw no light on the car. The next he eememberGd was being at the motor garage. Witness never went to bed on account of the accident, having that night'to walk up and down on account of the pain. The pain lasted up to the present, more or less, and it was about five weeks before the other effects of .his personal injuries disappeared„ Witness had to employ his son and another person for seven weeks to do his work for him. Dr. J. A. Cowie said plaintiff was brought to his surgery on March 13th by Mr Harris, sometime between 8 and 9 o'clock. On examination witness found skin to have been taken off the right brow. A finger nail had been partly torn of?, the knee was bruised, and other injuries were found. , The injuries had disappeared, except the bruise on the leg. There would be a certain amount of pain there for some lime yet A good deal of pain would be caused to plaintiff, which he would feel for some time after it. By Mr Wilford: Witness remembered defendant offering to pay for the services of any help required by plaintiff. Plaintiff seemed averse to this. George Brunton. driver for Hoar and Permain, said he lent defendant a light with which to take plaintiff to the doctor. Herbert John Yates, son of plantiff, said he saw the car on the night of the accident. It had no lights. Witness arrived just after the accident. Frederick Warren Fowler, garage proprietor, of Masterton, and Arthur Coe, garage proprietor, of Greytown, gave expert evidence. This closed plaintiff's case. Before opening Mr Wilford called —

Dr. P. K„ Cook, who stated that he examined plaintiff at Dr. Cowie's surgery before the latter on Friday last. A slight swelling was found on the leg, which might or might not i causa pain—the patient's word would be the only true guide as to that. Witness found, no serious injuries. Plaintiff might have suffered severe pain from the accident. There was no likelihood of complications. Francis. W. Carey, manager of the NeW Zealand Loan and Mercantile. Agency Co., Ltd., said he spoke to plaintiff since the accident. The latter remarked it was very good of defendant to pay all expenses, and said he had no grievance against defendant. Harry Harris, defendant, said he started his car from near the gravel pit in Renall street. The lamps lit i all right then. When, finding the lamps were out, he ran into the be.st lit side-of the road, as it was the | safest under the circumstances. i When thq accident occurred witness heard a sound as if something had hit the near side splash board. Witness contradicted plaintiff's statement that he (plaintiff) was just stepping ion to the footpath. • After this the car only ran about its own length. Witness, after thus pulling up. ran back and found plaintiff sitting on , the road about six feet from the ' footpath. Witness offered to take I him to the doctor at once, and helped him into the car. After that, in attempting to fix the lamp, witness upset the carbide, and had to wait for a passing express to borrow a light. Witness offered to pay for any labour needed for milking, but, plaintiff protested that he would soon be right. Witness took him home, and visited him again on the following Sunday. This closed the evidence. ,Mr Wilford then addressed the Judge, and Mr Pownall replied. His Honour, in summarising very briefly, said he had nothing but praise for defendant's conduct after the accident, describing it as brilliant in comparison with the course taken by many persons who did simi lar things. As a matter of law, however, plaintiff was entitled to repar- , ation for the mischief inadvertently caused and judgment would be given for £2O, with costs. A certain old dame who is well known to fame : For preferring a shoe for a cottage, Her children would Bpank and to bye-bye would yank, If they ever complained of their pottage! Now this shows she was wise, and it's safe to surmise In a household to strict and housewifely, If a child had a cough it was treated right off, With Woods' Peppermint Cure — quick and livoly. 2

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