LAW REPORTS.

Dominion, Volume 1, Issue 237, 30 June 1908, Page 4

LAW REPORTS.

SUPREME COURT.

CRIMINAL SITTING.: theft from a registered letter. At tho Supremo Court yesterday, boforo Mr. Justice Donniston, William J. E. Ashdown, a lad aged. 16 years .10 months, was sot forward for sentonoo On a charge of haying stolen £10 from a registered letter at Atea, near Eketahuna. Mr. Pago said that tho lad's mother was tho postmistress at Atea. During her absonoo, he was put m chargo of tho offico. The addressee inquired for tho letter, stating that it contained tho money: As there was no rpceipt docket at hand, tho lad told tho addrossce to como back agarn for the letter. Subsequently, ho abstracted the' moiiey. ■When taxed by the police, tho lad admitted having committed tho offenco, and handed • over £9 135., the major portion of the amount stolon. Tliq jad was hot a postal official. Counsel submitted that; it was a ease in which probation. should bo granted. Police , Inspector Ellison informed. tho Court that tie lad bora a good character. , Mr. Justice Demriston said that the Act in question had been brought into force principally to onable young people who committed an offence which was riot of a serious nature to escape imprisonment.* The lad before the Court was not at the time he committed the theft in; a position of public trust. Ho was entitled to the benefit of his ago and character. Tho Court .would admit Injn ;to probation for a period of twelve 'months. ■'

CIVIL SITTINGS. - SEQUEL TO A COLLISION. '' * DR. FAULKE v. THE CITYCORPORATION; - CLAIM FOR ■ £1000,; DAMAGES. V Tho case betwean Dr. Faulko and-the City Corporation—aclaim for -£1000- damages-for-personal injuries—was then heard beforo Mr. Justice Donniston , and; a , common ; jury of eleven, of which Edwin James Tozer was the foreman.

Mr; Gray (with'him Mr. Wilfdrd) appeared on behalf of' the plaintiff,. and Hr. 1 SKerrett, K.O. (with him Mr. O'Shea) for' the defendant Corporation. •".■/. The statement of claim sot forth'that; on iJanuary 30,. .ipO^'-.jD|Bintiff , '\y.vßß lawtully ■driving along' Kent Terracd in his .motor carr 'An elcctiic tor oroed and cdntrolled by defendants was, alleged to: have Been so negligently and carelessly driven. by the' motorman that it collided with and; struck plain-' tiff's motor car, the result being that plaintiff snstiiinc-d physical injuries, and his car waj damaged. . Tho injuries sustained chiefly affected lus right arm, and caused pain and inconvenience, and partially, , incapacitated him from following his profession as a surgeon, ''aid-' had rbnderal 'him : permanently partially incapacjtated. Plaintiff was put- to expense in repairing tho' car, -and "was 'deprived of the tise thereof for a long time, and tho car was depreciated in value. He therefore claimed £1000 damages; ■ --.t ■ Tho defendants, hy their statement of defence, admitted tlia\ tho collision took placo.. Plaintiff, they said, did not observe, the rule of tho road. The accident'was,' ; thoy alleged,' due to the pnslrilful, negligent, and rcckless driving of plaintiff, who,,they:said, lmd not been incapacitated in any way, neither had damago occurred to tho car; , .; ' '

' Mr:_ Gray, in - outlining tho, case for the plaintiff, said. tho case was" one of considerable importance. Tho übo of thp read by the Corporation did not'abridge or alter the rights of the publjc. v 'Dr. Ewaft, superintendent of the Wellington Hpspitalj deposed thatplaintiff - was Euffering from ruptura of tha fibres of ,'the musdes hear .'the right elbow. As a result he haddifficulty in grasping and "in . turning the hand, and, in extending the forearm. Since the accident plaintiff 'had conducted a number 'of operations; '.'iWitness.i'had had to do a number ior hiini The fact that plaintiff was ambidexterous might Havel enabled him to carry out operations . which: he might 1 not have been able ,to"perform if it were not that he could use, his left hand .as well. as his right! It might be.necessary to have thp arm operated upon,' but complete rest for twq pr three months might be' sufficient, ,tp effect-restoration. .. ■ CrosMxamined, witness stated that plaintiff,.was- suffering from . than bruised•; muscles. ; There was a swelling. of from 1 inch to, 1J inches in diameter. \ • Rupture' of * .the .muscles 'Was ; not.:a ,common;.'injury.\ r «Qn the day after acciderit 'plaintiff had performed a major of a delicate, nature. Between January '31 and May-20 plaintiff had carried out twenty-nine opera-? eons—a number of them, major operations— ot tho ; hospital. If . plaintiff had dressed the injury at once it'might havo led to a' quicker recovery.. _ ■_ ' Drs. JVW; _ Mackenzie, Begg, and iM'Gavin also gave evidence. • 1 '

Plaintiff stated that ahout midday on the, Hate , iu question 'he was about' to' ipay a' visit* to a hospital in Brougham .Street. He droyo 'in his motor car.alpng Cqiirtenay Place,, intending to' proceed via Kent Terrace -and Elizabeth /Street.. - Before ho reaohed tho shelter-shed at Couiienay Place he noticed a car, which: was \ bound for Kilbirnie, stop thero to pick up and drop pas 7 Bongers. ; It waj,. his. usual practice to cross oyer to .tho. fax'sido' of Kent Tbrraco. ' "'As the car was' moving bo slowly, and as so many people were about on foot, iie turned the corner on the inside of tho tramcar. When he got round into Kent Terrace ho noticed a Newtown car on tho insido line: Ho did not knew at tho time that that car,was in motion, so ho decided to put' on speed and got ahead-; of - the . KUbirnio.'tramcar. •-. Just.at, that 'particular time the. speed of tho Kilfcirnie car was accelerated.' immediately aftonrarda ho noticed that tho Newtown; car. was approaching'aVa'rapid rate; Ho therfr-' fore stopped hia motor-car, intending to cross ■ behind the Kilbirnie car. Whilst he was endeavouring to do so the Nenrtown car struck his motor-car. When the tramcar stopped lie asked ; the motorman why he had not pulled up, and tho .official had replied that the tramcax had skidded,- but . that plaintiff ought not to have como rqund tho corner on the inside of tho i other tramcar. None of the . operations, which ho had carried out since-the accident had been performed without: assistance.

' In 'cross-examination, plaintiff stated that, he always made a pracfcico of driving as care-' fully' as possible. ■, .. . : ;... J 'ACstage the Court adjourned until' ten o'clock this morping.