MAGISTRATE’S COURT

Press, Volume LXXXIX, Issue 27098, 22 July 1953, Page 6

MAGISTRATE’S COURT

TUESDAY (Before Mr F. F. Reid, S.M.) IDLE AND DISORDERLY Allen Carey, aged 31, a labourer, pleaded guilty to a charge that on July 21 he was deemed to be idle and disorderly in that he had insufficient lawful means of support. He was remanded in the custody of the Salvation Army authorities to July 28. Sub-Inspector J. C. Fletcher said that Carey gave himself up to Sergeant Morrissey in the watchhouse at 12.30 a.m. His sole possession was lid. “He seemed .to have lost touch and become despondent. Granting his request to be locked up, seemed the only way out of the impasse, ’ he said. REMANDED Daniel John Gorman, aged 28, a musician (Mr W. G. P. Cuningham), was remanded to July 27 on a charge that on June 27 he obtained £7 from David Samuel Angus Weir by falsely representing that a cheque for that amount was a good and valid one.

He was allowed bail in his own recognisance of £5O, and one surety of £5O on condition that he reports daily to the police. Anthony Errol Ivor Thrupp, aged 22, was further remanded to July 27 on a charge that he was deemed to be an incorrigible rogue in that he escaped from Paparua Prison on July 18 while he was serving a sentence there. TRAFFIC OFFENCES In cases brought by the traffic department of the Christchurch City Council, the following penalties were imposed on offenders against the traffic regulations:— Exceeding 30 miles an hour in a gazetted area: Jack Dun ward Calder, £2; Malcolm Stuart Berryman, £2; William Dunnachie, £2; Margaret Steele Roberts, £3. No warrant of fitness: Maurice Albert Mills, costs only: Zillah Marie Odering, 10s; Keith McNair Partridge, £1; Russell James Ross, 10s (using unlicensed motor vehicle. 10s; towing a cyclist. 10s). Driving vehicle not specified on licence: Alfred Norman Cane, costs only. Riding unsighted cycle: Beverley Eleanor Shalders, £1 (no rear read reflector at night, two charges, costs only). Driving without due care: Francis Edward McNulty, £2. Not displaying L plates: Owen Wilson Drain, £1; Maurice McKenzie Robertson, 10s. Cycling on footpath: Norman Hugh Taylor, 10s. Parking offences: Owen Victor Beaumont, £2; John Keith Burtt, 10s; Thomas Reid Caldwell, £1: William Thomas Hill Chinn, 10s; Hugh Reginald Fuller, 10s; Charles Leonard le Roi, costs only: Andrew Woodley Robinson, £1; Kathleen Nora Paulsen, 10s: Sarah Isabella Roy ds, 10s; Clive Harold Philip Thomas, £1; Percy Tyler, £1; Nova Agnes Webster, 10s; Douglas Arnold Suckling, £l. Penalties were imposed as follows in cases brought by the Transport Department :

No warrant of fitness: Albert Manus Agnew, 10s: Reynold Keith Andrews, 10s: William Everil Courtier, 10s (no driver’s licence, 10s); Harold Petheram, 10s; John Kirkpatrick. 10s (insufficient lights, 30s); Edna Ayers, 10s; David Alister McLoughlin, 10s (exceeding 30 miles an hour in a gazetted area, £2); W. Milner, Ltd.. 10s (insufficient lights, 30s); Walter Harry Norman Payne, £l. Insufficient lights: Maxwell Ross Donaldson, £1; James Adam Mackay, 30s. No driver’s licence: Michael Joseph Minogue, £l. Exceeding heavy traffic licence: Leslie Desmond Columbus, £l. Exceeding speed limit: Ivan Richard McNally, £2.

CIVIL CASE (Before Mr Raymond Ferner, S.M.) CLAIM AGAINST TWO MEN Judgment for £271 18s 9d against two defendants, jointly and severally, was given when Stuart M. Cameron, a taxi driver, of Christchurch (Mr W. F. Brown), claimed that amount from A. H. Stevenson, a hotelkeeper, of Havelock North (Mr R. E. Wylie), and G. A. Horgan, a builder, of Oxford (Mr D. H. Stringer). The plaintiff claimed that he was driving his taxi north-east, along Lincoln road on November 11, 1952, and, when he stopped at the railway crossing, his taxi was struck from behind by a car driven by Stevenson and owned by Horgan. His taxi was damaged to the extent of £153 Is and was off the road until December 20. He claimed £llB 17s 9d for loss of its use during that period. Mr Brown srid that Horgan was sitting beside Stevenson at the time of the accident. Wheg Cameron sued Stevenson, he said he was merely the agent of the owner, so Cameron was forced to join Horgan as an added defendant.

After hearing evidence and submissions by counsel, the Magistrate said he found that Horgan told Stevenson to take the keys and drive the car. That was why Stevenson did drive. It was also convenient for him, as he was going to Papanul and Horgan was going to Oxford. It was not denied that Stevenson was directly liable to Cameron. Horgan also was directly liable if he never abandoned control of the driver. Horgan might have sobered up at any time to exercise real control. lie seemed to have done so sufficiently to make himself scarce after the accident. It could not be said that Horgan abandoned his right of control. It must be held that he also was directly liable to the plaintiff, so the plaintiff was entitled to judgment against both defendants. The Court was not concerned about their joint contribution. That should be the subject of separate proceedings between the defendants.

Judgment was given for the plaintiff with costs and Stevenson was given costs against Horgan up to the time of the hear-