THE COURTS.

Press, Volume LXVIII, Issue 20543, 11 May 1932, Page 6

THE COURTS.

SUPREME COURT. (Before his Honour Mr Justice Adams.) j ACTION DISMISSED. Bcserved judgment was given in the case of Thornton Spencer Keddell v. Henry Charles Beading, an action to enforco specific performance of a contract in relation to land by *ray of exchange. The case concerned the purchase of a property, of which defendant was the owner, in exchange for an equity in four sections held by the plaintiff. His Honour held that the plaintiff was not entitled to a decree for specific performance, but must be left to his remedy at law, if any. The action was dismissed, with costs according to scale as on a sum of £3OO. £2071 DAMAGES CLAIMED. Samuel Wilson Lambton, a *™torer, of Ohristchurch, claimed £2071- 12s Gd from Thomas James Free, a butcher, of Leeston. The case arose out of a collision in the City between a motor-car and a motor-cycle. The claim was made up of £2OOO general damages and i.il 12s 6d special damages. _ According to the statement of claim, plaintiff was riding a motor-cycle delivery outfit on December ard last, when a collision occurred at the comer of Armagh street and Oxford terrace, with a motor-car driven by defendant. Plaintiff received injuries and his fight leg had to be amputated; also, he sufI fered severe shock. Negligent driving, ! travelling across an intersection at an excessive speed, failure to give proper warning, failure to keep a proper lookout, and failure so to stop or control his motor-car as to avoid an accident were alleged against defendant. The defence was a denial of the allegations. In addition, it was claimed that plaintiff had failed to give way to traffic on the right, had not given a proper warning, and had not stopped or attempted to avoid an accident. Witnesses were ordered out of Court. Counsel for the plaintiff outlined the case to the jury, and said the principal allegations on which his case was based were that defendant was travelling at an excessive speed, that he gave no warning, and especially that when ho saw the plaintiff coming ho made no move to avoid the accident. Evidence for Plaintiff. Digby Gilders, gave evidence as to a plan of the locality, prepared by him, and produced in Court. In evidence, the plaintiff said that he turned into Armagh street at the Art Gallery corner, travelling on his motorcycle "and side-car at 10 or 12 miles an hour. Past the Magistrate's Court he was moving at 18 to 20 miles an hour, and at the Armagh street bridge, which he crossed every day, ho speed to about 15 miles an hour. The view to tho right was not good, owing to the overhanging branches of willow treos, and witness did not at first see the defendant. When he did see defcudant, he seemed to be travelling about 25 miles an hour. Witness thought that at the speed at which ho himself was moving ho had no chanco of getting over the intersection, bo ho swerved to tho left. The car seemed to come right on, and struck the motor-cycle, which, fell ovor on its right side, with witness beneath it. Defendant gave no warning of his approach. Two men took witness from beneath the machine and laid him on the grass. Ho was then taken to tho Hospital, where he lay for eight or nine weeks, his leg being amputated eight inches below tho thigh. As a result of the accident,-wit-ness had not been able to carry on the delivery part of his business, on which he was now losing. Plaintiff was cross-examined as to the extent of his business turnover, which ho said had fallen since tho accident from £3O to £lO a week. The corner at wh'ich the accident occurred was one which required care—perhaps a little more care than other corners might require. To the best of his ' ability, witness gave way to the vehicle coming on the right. He considered 15 miles an hour a reasonable speed to cross tho bridge. Louis Amos Bennett, surgeon, who attended plaintiff at the Hospital, said he first saw him a month after the accident. Ho was then suffering from advanced gangrene of the left leg, which had to be amputated eight inches from tho thigh—an unsatisfactory length for carrying an artificial limb. It was impossible to attribute the miurics leading to the amputation to anything but the accident. Witness thought plaintiff would always need a stick now, and that walking with a stick would be the extent of his activity He thought that riding a motor-cycle or driving a motor-car

would be out of the question. Plaintiff mcL the extra disability of a weakness of the right leg. Michael James "Walls, a licensed carrier, who saw the accident, said the motor-car came along the centre of Oxford terrace at about JJS miles an hour. The motor-cycle was moving at about 15 miles an hour. The motorcyclist turned north, facing the same wav as the motor-car. He had no opportunity of avoiding the collision. The driver of the motor-car, on the other hand, could have pulled up, or pulled out further to the right side to avoid the motor-cycle. George Edward McKensde Weallans, another eye-witness, said the car seemed to be travelling fast, while the motorcycle was going at a reasonable pace. It did not occur to witness that the motor-cyclist could have done anything to avoid the accident; but the motorcar driver could have turned down Armagh street, or turned sufficiently to the right to avoid tho motor-cyele. Evidence was also given by Ernest | Sturrock Velvin, a motor agent and engineer, and Annie Isobel Lambton, j wife of the plaintiff. This concluded the case for the plaintiff. For tne Defence. Counsel for defendant moved for a nonsuit on the grounds that the plaintiff approached and entered upon the intersection at an excessive speed, and that he committed breaches of the statutory regulations in not giving way to a vehicle coming on his right and in riding a motor-cycle not complying with the regulations in regard to brakes. . The Court adjourned till 10.10 this morning. MAGISTERIAL. TUESDAY. (Before Mr B. D. Hosier, S.JI.) DRUNKENNESS. A first offender lor drunkenness was fined 10fi and costs, in default 24 hours impn* sonme-nt. PRISONER SENTENCED. Leslie Dobson, a labourer, 82 years Of age, appeared for sentence on three charges ot obtaining goods by fsls© pretences. He was sentenced to four months' imprisonment on each charge, the sentences to be concurrent. FALSE STATEMENT. Jack Smith, on a charge of making a false statement with the object of obtaining relief employment, was fined 41 and costs, in default seven days' imprisonment. He was ordered to repay the sum of £2 5S lOd to the Unemployment Board. ALLEGED BREAKING AND ENTERING. Albert William Gauntlett. a, labourer, 24' yoars of age, and Robert Crawford, a labourer, 21 years of age, were charged that, on April 28th, they broke and entered the shop of Harry Dalton, Gloucester street, and committed theft therein. The accused pleaded not guilty. _ Gauntlett was committed to the Supreme Court for trial. Bail at £IOO and one surety of £IOO was allowed. The charge against Crawford was i dismissed. FRAUD. Richard Joseph Keogh, a salesman, 3d ye.irs of ase, pleaded guilty to a charge of obtaining from Sohneideman and Sons, with intent to defrauJ?, one suit valued at £7 19s 6d, by falsely representing that a cheque drawn on the Bank of Australasia for £7 7s 6d was a valid order. The accused was remanded In custody for a week, counsel indicating that the sum might be made good. The Probation Officer was also asked to enquire into the case. REMANDED. Keith Shaw Mangin, a salesman, aged 22, was charged with failing to account for 6s 6d in money on November 18th, 1931, thereby committing theft. He pleaded 'not guilty. Chief-Detectivu J. Carroll said that tho sccused had been employed as a canvasser by Broivn's Highbury Loundry, Ltd., and that ha had worked on a commission basil. It waß alleged that he had failed to account forsev- ; era! sum* of xnoniry paid to aim, A zemaod

was asked for to suable witaessaa *• !>• called. ««_ Mangin -was remanded to appear on May 17th, bail being allowed at £SO -with one surety of £SO. THREE CHABGEB. Sydney William Fitastaunons, • blacksmith, aged 30, was charged , with bsing drank in Cashel atreet on May 6th. Ha was also charged with using obscena language and with, resisting a constable in the cburea «w his duty. He pleaded guilty to aach charge. On the first charge he was convicted and fined 10s, in default 24 hours' imprisonment; on the second charge he was convicted and fined £8 and costs, in default 14 days' imprisonment; on the third charge h* was con* victed and fined £5, in default one month s imprisonment. Bo was jiven a month fa which to pay the fines. The Magistrate said that ha would have taken a much more serious view of the ease if Fitssimmons had been conneoted in any ■ way with the present disturbances in the City. Any man who resisted a constable in the law* ful execution of his duty in these day* deserved summary treatment. However, the accused appeared to be an honest man and he had not been in trouble before, and imprisonment would not be imposed., FIVE THEFT CHARGES. Richard John Phelan, » school teacher, aged 84, pleaded guilty to the following charges:—Failing to account for.£6, on March 2nd, thereby committing theft; stealing two books, valued, at 18s 3d, the property of Lindsay Armstrong, on March 4th; stealing one book, valued at 2s 6d, the property of McDonald McGregor, on March 4th; stealing, four blankets, valued at £B, the property of the City Mission, on January 19th; and stealing goods, of a total value of £2 Os 6d, the property of William Newton Harper, on January 22nd. Chief-Detective Carroll said that Phelan had been staying at the City Mission guest house. He had been left in charge, and goods had been found mißsing. Later he was boarding in Hereford street with a Miss Lilly. She had given him money to pay the rent and he had failed to account for it. He had also stolen books from other boarders. The accused was convicted on each charge, the Magistrate remarking upon the meanness of the theft from the woman. He was sen-> tenced to three months' imprisonment on the first charge, 24 hours' imprisonment on the second, 24 hours' imprisonment on the third, two months' imprisonment on the fourth, and two months' imprisonment on the last, (Before Mr H. A. Young, S.M.) CIVIL JURISDICTION. Judgment was given for the plaintiff by default in each of the following cases:—H. Oakley and Sons, Ltd., v. A. Williamson, £7 18s; Vacuum Oil Co. Pty., Ltd., v. W. J. Marsden, £4O 8s Od; G. S. Mors* v. J. Kennedy, £3 8s 6d; Nash (N.Z.) Motors, Ltd., v. H. Heed, £3B 6s 4d; J. Ballantyne and Co., Ltd., v. Walter Turner, costs only; Trade Auxiliary Co. of New Zealand v. Allen Bros, and Son, Ltd., £9 9s 9d; Charles S. Thomas v. A. Rhodes, 17s; Atlantic Union Oil Co., Ltd., v. H. Stevens, £9 19b; Cyclone Fence and Gat* Co., Ltd., v. Colonial Acetylene Contracting CO., Ltd., £7 17s 3d; Royds Bros, and Kirk, Ltd., v. J. Ferguson, £9 12s 8d; F. Billingham, trading as Brown and Heaton, v. Leu Evans, £1; Mason, Struthers and Co., Ltd., v. H. Richardson, £6 lis sd; F. Powdrill. trading as Wainoni Cash Stores, v. O. Be**. £1 16s 2d; H. 0. Urlwin, Ltd., v. R. Brims, £3 5s 8d; Pannell and Co., Ltd., v. J. A. Farmer, £9; Direct Supply Milking Machine Co., Ltd., v. S. MeStay, £94 18s 8d; Hayward Bros, and Co., Ltd., v. A. D. Fraser, £9 2s 8d; L. S. Lsycock v. Kawatiri Motors, Ltd., £4 lis 6d; Hurst and Drake, Ltd., v. E. C. Hansen, £1 7s 2d; Canterbury Frosett Meat Co., Ltd., v. R. H. Johnston, £l7; P. G. Smith v. | H. E. Vanstone, £74 12s 3d; Watkinsons, Ltd., t. H. Reed, £lO-6s 6d; A. J. White, Ltd., v. P. £1 Bs. JUDGMENT SUMMONSES. H. Robertson was ordered to pay the New Zealand Farmers' Co-operative Association of Canterbury, Ltd., the sum of £3 16s 6d forthwith, in default .three days' imprisonment. Allan Johnstoffb was ordered to pay J. E. Hurdley and Son, Ltd., the sum of £4 5s forthwith, in default five days" imprisonment. DEFENDED CASE. T. W. N. Wilson, Milton street Christchurch, carter, claimed from J. H. Williams, Western terrace, Beckenham, a plumber, the sum of £5, allegedly damage to a property rented by the defendant from the plaintiff, which property be agreed to keep in good order. Judgment was given for the plaintiff for £1 and costs. (Before Mr E. D. Mosley, S.M.) FOR GOODS SUPPLIED. F. Powdrill, trading as the Wainoni Cash Stores, wainoni road, claimed from Robert Campbell, of SeargiU, a carrier, the sum of £3 4s for. goods supplied in August, 1931. Judgment was given for the plaintiff iter tha amount alaimed with, costs,