HUTT AND PETONE NEWS.

Dominion, Volume 1, Issue 296, 8 September 1908, Page 7

HUTT AND PETONE NEWS.

—d : HUTT MAGISTRATE'S COURT. ' ' A special sitting of the Magistrate's Court was held at 3 p.m. yesterday, Dr. M'Arthur, , S:M'., presiding. W. J. Saunders claimod from ; Feist and. Co; £11 15s. for general damage. M. T. JL . Wilford appeared for the plaintiff, and Mr. J. M'Grath for defendants. This was an action for damages to trap, caused by collision . with a horse, ridden by ono Alexander, who ■ .was an employee of the defendant. The plain- ; : tiff's trap had two lamps burning and was being driven at a;.moderate pace when-the collision: occurred. ■ Tho plamtiff was called by Mr. Wilford, and deposed that the'occurrence took place i--1 on tho evening of May 25 last on the Main, 1 'Road, opposite Dr. Purdyfs .house. , Witness was thrown out on to the road, tho pony ' started oif, and the trap was turned upside ;''down.' The rider of the horse, Alexander, - acknowledged that he .was on his wrong side. . Tho - trap cost £50 to build, and it was/ estimated to cost about £12 to repair actual damage. ■ , - To Mr. M'Grath: I instructed Mr. Wilford to _ tako proceedings a week after tlis • , accident. Both lamps were alight. I drove on tho left-hand : side of tha road on account of tho darkness of the . night: Alexander was coming , along at a ,g00d,,, smart, canter, about six or seven miles' :aiv houi-.,, ; ,I was trotting at about four, or fivo miles an.hour. I did not see Mr. Lewis's - trap, pass on the far side of the road. Alexander,.arid, Thompson (driver for Mr. H. Lewis) came back to mo after the accident. , E. W. Thompson (driver for Mr. Herman Lewis) remembered passing Alexander near tho V.1.C., and stated that Alexander re- , passed him. at Queen's. Road,, and chopped across the road at a canter, riding on the. right' of ;tho plaintiff; whose lamps , !were alight. Alexander and , myself went back to see if Mr. Saunders was hurt. The horse ridden by Alexander was a young one, badly mouthed. There was plenty of room on tho load; John Banks, called by Mr. Wilford, stated that plaintiff's lights were: lighted when passing the Central Hotel.' John Findly, labourer, saw plaintiff light his lamps-at Hector's Lane, and saw them also at the Railway Hotel corner. ; Geo. A. M'llvrido, called by Mr. Wilford, stated that-tho amount claimed was a reasonable estimate for the restoration of tha trap to its original condition. - Mr. M'Grath, in defence, called,- - ' Edward G.-Alexander, tho rider of tho defendant's horse, who gave evidence to the "effect ho overtook Mr. Lewis's gig near tho V.I.C:, store. Afterwards the' gig repassed him near the Bank of Now Zealand. Witness passed' the gig again, but immediately he. pulled out ho saw the plaintiff's light. There was only one: light, and that was on the near 1 side. Witness forced tho'horse-over to tho'right-to clear the trap "but was. too late, Mr. Saunders's trap striking his horse. Mr. Saunders-was driving very closo.to the centre of the road. It was, not < true ...-that Mr. Saunders was driving iwithin six feet, of the roadside.' Thompson did not go back'with witness to see Mir. Saunders. Ho could not have heard any of tho conversation. The horse was eight years, old-, and was not a troublesome one. Plaintiff was driving.at between'ten and twelve miles an hour. Witness would have seen plaintiff earlier if ho had had two lights. I ■ rode.on after, the collision.. '•' ; To' Mr. Wilford: Witness could ,see quit® weir at night. He: considered Thomp- ' son and the plaintiff were both making misstatements with regard to Thompson going back with him to the'plaintiff.. Tho plaintiff'' was' also wrong, in stating that witness said the horse shied at the lamp'shadow. . -No'money was offered by witness to'lM'Eain, to 1 square Thompson's"evidence. ■ John ■ Ward M'Kain', , called by. Mr. , M'Grath, said that tho witness, Thompson, called immediately after.tbo accident, 'ana ■ called in Alexander when'passing, and , •offered,' if there, was any case; to appear, as Saunders was in tho wroug. There was no offer of money,made on any occasion: . Arthur Mills, -'borough- inspector, and . Robert Henry Fogden, grocer, also gavo evi-. donee. Judgment was reserved till Monday, September 15, ; at the Magistrate's Court, Wei-. lington. . Tho Hutt Fire Brigade, at a meeting held ' on Saturday evening, decided to hold a bazaar during the month. , The Mayor and ! la-dios of tho district aro to bo asked to render assistance in tho movement. The Hutt Borough Council held a meeting ' in committee last ovening to consider tho gas question, but the result was not mad? public.