MAGISTRATE’S COURT

Evening Star, Issue 23499, 13 February 1940, Page 10

MAGISTRATE’S COURT

TUESDAY, FEBRUARY 13. (Before Mr J. R Bartholomew, S.M.) DEFAULT CASES. Judgment for the plaintiffs, with costs, was given in the following undefended cases Crust and Crust v. R. W. Williams, for cartage, £3 16s 6d: the New Zealand Express Co. Ltd. v. Robert John Smith, for goods supplied, £l6 17s 6cl; Brown, Ewing and Co. Ltd. v. James Anderson, jun., for goods supplied, £ls 10s sd; Rogers and Hart v. Modern Equipment Co., for work done, £l4 19s TENANCY cases. A claim to recover possession of property at 7 Garfield Avenue was brought by Amy Sutherland (Mr 0. G. Stevens), the defendant being Muriel W. May (Mr C. B. Barrowclongh). Plaintiff gave evidence of having offered tenement properties to defendant, but that she refused them all. She desired possession of her property, which she bought at auction, because it had a garden, plaintiff stated. Evidence was given for the defendant by Dr Marion White, who stated she attended defendant’s mother, an ailing, elderly woman. The doctor said the present house admirably suited her patient’s condition of health, as it was above the fog line and had a northerly aspect. The defendant, Muriel May, also gave evidence. The hardship on the defendant was greater than on the plaintiff, Mr Bartholomew said, who_ refused to grant an order for possession, Charles Edward Cleghorn, (Mr R. A. King) proceeded against Thomas Richard Southall (Mr R. Crawford) claiming possession of a house property in Mornington. After hearing evidence an order for possession was refused. DAMAGES CLAIM. A claim for damages totalling £l3O 16s, arising out of a collision at the corner of the Main North road and Black’s road, was brought by Leonard Pavletich, a shcepfarmer, of Hakataramea, against William Lyons Colvin. He was represented hy Mr E. J. Anderson, while Mr O. G. Stevens appeared for the defendant. Mr Anderson, outlining the facts of the case, said that evidence would be called to show that on April 6, last year, while driving into town, the plaintiff was struck heavily by Colvin, who came down Black’s road on to the tramline, a very ugly descent, in a car at an excessive speed. It was only a miracle, he maintained, that no one was seriously injured. Evidence would he given that Colvin admitted at the time his car was out of control, in that the brakes were not holding. Slight injury was suffered by Mr Pavletich’s daughter, who was in the car with her father, and who would also give evidence The hearing was proceeding at the luncheon adjournment.