SUPREME COURT

Dominion, Volume 10, Issue 3172, 24 August 1917, Page 8

SUPREME COURT

LIBEL ACTIONS WITHDRAWN SATISFACTORY SETTLEMENT ARRANGED r In the Supreme Court yesterday, beicrc His Honour Mr. .luslicc Hosking, when the case of Harry Downs v. the. "John Hull" Newspaper Proprietary Company, a claim for £2000 damages for alleged libel, was called on. Sir John I'indlay, K. 0., who appeared for tho defendant, said the defendant wished to state, that the case c::uld bo withdrawn from the list, and on tnc application for the withdrawal ho took the opportunity of saying that after the cjplanations made to him by the plaintiff he'was satisfied that Messrs. Downs Lros. were loyal Britishers, who had not, s>ncc tho outbreak of war, sold or dealt with German goods of any kind, and that the defendant company therefore regretted that, any imputation to the contrary should have appeared in the columns of its newspaper. Mr. w'ilford, who appeared for tho plaintiff, said he was satisfied with the statement made on behalf of the defendant. Tho case was accordingly withdrawn. Mr. Wilford then mentioned the case of Bird and Jensen v. the "John Bull" Newspaper Proprietary Company, a claim for £1000 daages for alleged libel, which was set down for hearing to-day. This action Jlr. Wilford ' intimated bad also been settled, entirely satisfactorily to his clients, and the case could be struck out. Sir John Findlay, K.C., concurred in the statement, and the case was a.'tordingly struck out.

MOTOR COLLISION CASE

VERDICT FOK DEFENDANT. A case involving a claim for carnages arising out of n collision between a motorcycle and a motor-car in Courteniy Place on December 29 last came befoe His Honour Mr. Justice Hosking and a jury, of which Mr. Chatwin was the foreman. The plaintiffs wcro John Archibald MacCregor, master plumber, and his wife, Ellen Eoylc TUacGregorj and. the. defendant, -vas Henry V. Evens, chemist of Manners Street. Damages nmounting to £1000 were claimed. On the date in question, Mrs. MacGregor was riding pillion ou a molor-cyclo owned by her husband and driven by a soldier named Leonard Gribben, and a collision occurred betweeu the motor-cycle and a motor-car driven by the defendant. Mrs. MacGregor was thrown to the ground, sustaining injuries for which she claimed £1000 general damages and £5 medical expense, while her husband claimed £65. the value of the motor-cycle which was said lo be damaged beyond repair. The accident, it was alleged was duo to the negligent driving of the defendant, while for the defendant it wns alleged that there was contributory Dcgligeucc on tho part of the plaintiff. For the defence evidence was called to show tha,t the motor-car was being diivcn at a much lower rato of speed than tbo motor-cycle. Dr. E. W. Giescn stated that he Raw Mrs. MacGregor in consultation with Dr. Herbert flvo mouths after the accident, and in the opinion of both medical men she had received no permanent injuries. The defendant stated that he was driving at tho rate of six or seven miles an hour. Hn took the. usual course to turn the Courtenay Place corner. He saw the motorcycle sixty feet on his left travelling at the rate of eleven or twelve miles au hour. Witness sounded the horn, and tho driver of the motor-cycle turned sharply, but gave no indication by the bund as to which way he was going. Witness gave tho motor-cycle twenty feet to pass, and when it continued on witness swerved to the right. Had he not done this there wriuld have been a fatality. After a short retirement, tho it;ry returned a verdict for tho defendant. The question of costs wns reserved. Mr. E. C. Levvey appeared for the Kiaintifts. and Mr. T. Young and Mr. H. F. O'Lcary for the defendant. AUCKLAND CRIMINAL SESSIONS By Telegraph—Press Association. Auckland, August 23. At the Supreme Court, liohcrt Waddrll Iteid was sentenced to three years' imprisonment for an unnatural oflcncc. Paul Botica and Joe Botica, for assault on a girl uudcr sixteen, were each sentenced to four years in prison. Arthur Hoy Nelson, for indecent assault, was sentenced to eighteen months on each of two charges, the sentences to be concurrent. CHRISTCHURCH SESSIONS - By Telegraph—Press Association. Christchurch, August 23. At the Supreme Court John George Harper, for the theft of bags of wheat from his employers, was fined £50. Charles Edward Weigel, for indece.nt assault on a boy, was sentenced to six months' imprisonment.