THE COURTS.

Press, Volume LXII, Issue 18626, 26 February 1926, Page 13

THE COURTS.

SUPREME COURT.

(Before his Honour Jlr Justice Adams.) MOTION FOR RE -TRIAL. In (he case in which James Milne, a labourer of Belfast, gained £209 2s 3d as damages from H. Mottram, farmer, of Styx, 35 the result of a motor accident, a motion for .a re-trial was made. ~ Th e action was based upon the contention that damages should not have been awarded. in view of the jury's answers to the questions put to it, and that the verdict was against the weight of evidence. Mr Upham, for the defendant, supported the motion. Mr Thomas appeared for ililn". a od opposed the motion, coo- the case " lvas hear,i . Milne claimed ■£-2o general damages and £209 special damages. Plaintiff was riding a motor-cvele, and an employee of the defendant was driving a motor-truck. The plaintiff met with an accident, and it was claimed that the defendant's employee did not signal that he was going to turn off the road and did not keep a proper look-out.

_ The defence was that the plaintiff was tailing to keep a proper look-out, that lie .ailed to sound his horn, that he failed to manage his motor-cycle with skill and attention, and that he attempted to pass another vehicle travelling in the same direction when opposite the opening of a side road. The Accident. Mr Upham said that the action had been brottght by the plaintiff in respect of an accident which took place on the North road on May 30th last. A motor-lorry was driven by defendant northwards and was overtaken by a motor-cvele and sidecar driven by plaintiff. The plaintiff alleged that the accident was caused through the defendant failing to keep' a proper look-out, and through defendant failing to signal that he was going to turn. There had also been an allegation of excessive speed, but this had been abandoned by the plaintiff's solicitor. It was obvious that if tho motor-lorry commenced to turn into Preston's road at a speed of eight miles an hour there would have been plenty of time for plaintiff to avoid the accident. The speed of the lorry had not been challenged. He submitted that the plaintiff put it that the two motor vehicles were travelling at the same speed at the same spot, and that the defendant turned suddenly in front of the plaintiff. This was contradicted by tho evidence which stated that the speed of the motor-cyclo was twentytwo miles per hour. Mr Thomas supported the verdict of the jury. He urged that the driver of the motor-lorry had boen negligent, basing his contentions upon extracts from the evidence. His Honour saftl that the motion before him was for a new trial only, and that application would be granted. The costs he would fix at £lO 10s, and disbursements, and these would be paid by the plaintiff. The costs of the original trial would be hold in abeyance until the second trial.

In Chambers. Probates of the wills of .the following deceased persons in the Christohurch district have been granted to the Public Trustee, by the Suprorao Court at Wellington:—James Begg, late of Swannanoa, farmer; George Edmonds, late of Ohristchurch, leather dresser; Robert Alexander McClay, late of Ashburton, tailor; Mary Newton, late of Christchurch, widow; Andrew Waltho, late of Christchurch, letter carrier. MAGISTERIAL. THURSDAY. (Before Mr H. A. Young, S.M.) INTOXICATED MOTORIST. "Not guilty" pleaded Robert Brosnan, aged 25 years, commission agent (Mr W. R. Xmscelles), who was charged with being intoxicated while in control of a motor-car in the City recently, and with having damaged a blanket valued at 14s at the Central Police Station.

Police evidence was to the effect that Brosnan had been found at night at the corner of Colombo and Lichfield streets. One wheel of the car was in the channel, and Brosnau had said he had met with nn accidont in Aahburton that afternoon. He smelt of liquor, and was taken to the station.

During the course of his ovidenco Jirosnaa said the car had been in an accident somewhere near Aehburton, and that he and his companion bad fixed it up to the best of their ability. A short time after 7 o'clock they left a friend's place in Bealey avenue where they had had the headlights on the motor-car (which had boen damaged in the accident) adjusted. Then they went to a pio cart in the Square, and later set out for the country in the car. They went down Colombo street, and had turned into Lichfield street when the car broke down and ran into the channel. Then the police came along and he was arrested. He had "had a spot or two," but he was not drunk. Witnesses .for the defence were' Herbert Home, Thomas Sparrow, and James Patrick Noonan.

His Worship held Brosnan guilty, and convicted and flnod him £lO and costs, and disqualified him from holding a license for six months on the first charge. On the. second he ordered him to pay the amount of the damage done to the blanket. RESISTED POLICE. Several charges were preferred against John Somerville Jones, who appeared and alleged that while arresting him two constables had assaulted him. The police, however, alleged otherwise, and Constable McCormick has a plastered eye as tho. result of bis encounter with Jones, who pleaded not guilty to the following charges:—Drunkenness, resisting the police, assault on Constnble McCormick, and damaging two cell utensils at the Police Station.

Sub-Inspoctor Matthew prosecuted, and Mr Botchelor appeared for the accused. Constable John McCormick said that he had been called to the Clock Tower, where he saw Jones struggling with Constable Dunlop outside the Excelsior Hotel. Jones was calling out and waving his arms about. It was with difficulty that they got him into a taxi and took him to the station. Jones had to be held down the whole time. He was taken, out to the cells, and there ho refused to be searched. Ho fought and kicked and had to be held down to be searched. During the struggle Jones deliberately kicked the witness over one eye. , Constable Gordon Dunlop said that he had seen Jones outside the Excelsior Hotel waving his arms and calling out: "The publican is beating his wife." Constable McCormick came along and they got Jones to the cells, where he violently kicked Constable McCormick. , _ Percival Oliver Smith, driver of the taxi which took the accused to the Police Station, said that Jones struggled violently, and was in a drunken rago with the police. Dr. M. G. Louisson said that he had examined Joneß and there were a number of bruises and abrasions on his body. There was a bruise behind the car. ~..., , A The accused, in evidence, said that he had called at t.he Excelsior Hotel to see a man on business. He had a drink and complained about a woman being ordered out of the hotel. A man told him to look out or ho might get "cleaned up." Then Constable Dunlop came along and there was a struggle. When ho was put into a taxi Constable McCormick Eat on him and later he was hit behind the car. ' In the cell ho had asked the constables to give him "a, sporting chance," but ho was knocked dov,n on the floor and searched. He had not kicked Constable McCormick intentionally. . , George Fox Webster, licensoe of the Excelsior Hotel, said that Jones was in the bar of the hotel for two or three hours. Jones was not drunk, , but he was behaving.in a disorderly manner on the road. He thought the constable was quite right in arresting the accused. Jones wanted to fight the witness for ordering a woman out of the hotel. The Magistrate found Jone3 guilty, and said it was clear his trouble was drink. On the charge of being drunk and disorderly he was convicted and ordered to come up for sentence any time within two years. In that period he was ordered to abstain from alcoholic liquor and to be prohibited. For resisting Constable Dunlop ho was convicted and discharged, and for assaulting Constable McCormick he was linea £lO On the other charge he was ordored to pay 15s, the amount of the damage. {Before Mr H. Y. Widdowson, S.M.)

CIVIL BUSINESS. Judgment was given for tho plaintiff by default in the following cases:—A. M. Anderson v. S. G. Maynard, £2 2s sd; Douglas A. Adams, Ltd. v. J. Shennan, £lB ICs 4d; Nestle and Anglo-Swiss Condensed Milk Company v. Matthew G. Robertson, £ls 13s 9d; J. D, Marks v. W. M. McDowell, £9 Ds; H. Hollobon and Son, Ltd. v. W. B. D. Poninghouse, £32 13s 7d; the Christchuich Prc3S Company v. J. Bryant, £7 10s; same v. William Horno, £8 5s Gd; same v. James Miller, £5 7s lid; same v. Patrick Nicholas McGrath, £4. 19s lOd; same v. Thomas O'Connor, £2l 4s; same v. Alexander Sim, £-1 17s 3d; satno v. F. A. Thorns, £9 lis; W. H. Brown v. Robert Stowie, £3 9s 6d. William Smith was ordered to pay 0. T. Watson the sum of _£B Is 9d, in default ten days' imprisonment. G. S. Mills was ordered to pay J. F. Hili tho sum of £4 4s 9d, in default seven days' imprisonment. AWARD BREACHES. C. V. Leeming, private hotelkeeper, was proceeded against for a £lO penalty by the Inspector of Awards for paying a waitress less than the minimum wages. Ho was ordered to pay a penalty of £3. J. Mills wsb ordered to pay a penalty of £1 for failing to give his employer sufficient notice of the termination of his employment. Leonard Hadfleld, cartage contractor, was ordered to pay a penalty of £5 for failing to keep a time book. F. H. Steel, butcher, for a similar offence, was ordered to pay a penalty of £2. FENCING CASE. An application tinder tho Fencing Act was mode by George Phillips, who wanted Frank H. G. Landery to assist in the erection of a new fence on their adjoininn; properties. His Worship held the existing dividing fence uot suitable and sufficient. Ho thought the fence proposed by plaintiff a sufficient and suitable fence, and ordered that it be erected by the plaintiff, defendant to pay half costs.