MOTOR-CAR AND VAN.

Evening Post, Volume LXXX, Issue 22, 26 July 1910, Page 7

MOTOR-CAR AND VAN.

COLLISION AND LAWSUIT. Mr. W. R. Haselden, S.M., gave reserved judgment to-day in the civil action brought by J. O'Brien and Co., carriers, against Dr. J. S. Elliott, a claim tor £13 12s. damages to horse and harness, and for services of a veterinary surgeon, arising out of an accident l.y which defendant's motor-car backed on to the pole of a van owned by the plaintiff, who was delivering goods at a shop in Constable-street. Delendant entered a counter-claim for £1 10s for damages to his motor-car. Defendant denied that he was guilty of negligence. His Worship said that the case turned on whether the defendant's motor-car made any backward movement after it 'i;td been placed in front ol the plaintiff's horses.. Ihe plaintiff's driver ai.d two oiher witnesses said that it did. Defendant, his wife, and a nurso said it did not. Defendant's witnesses' evidence ■was as credible as the plaintiff's witnesses, and the circumtances were, his Worship thought, rather in favour of defendant. Judgment was accordingly entered for the defendant on the claim, with costs £2 6s, and for the plaintiff on the counter-claim. Mr. P. W. JackEon, who appeared for the plaintiffs, gave notice of appeal. Defendant was represented by Mr. Gray.