COURT NEWS

Grey River Argus, 25 May 1935, Page 5

COURT NEWS

WEST COAST APPEAL Against £1750 Damages Award (Pnr Press CHRISTCHURCH, May 24. In a reserved judgment to-day, Mr Justice Johnston dismissed the appli • ation by the defendants for a new trial of an action which arose from a fatal collision on the West Coast in December, 1933. The plaintiff in the original action was Mrs Freda Hill, whose husband, Hugh Holmes Hill, died some months after the accident, :d the defendants were Shaws Taxi The jury awarded Airs Hill £1750 damages. llHonor refused to disturb the A WILL CONTESTED. CHRISTCHURCH. May 24. Alleging that the testator was of unsound mind, memory and understanding at the time that he made his will. George Cridge. of Darfield, butcher. asked in the Supreme Court to-day that the will of the late George Ed ward Smith, of Christchurch, boot importer. be set aside. Defendant was Alice Maude Turner. spinster, of Christchurch, the sole executrix and rhe sole beneficiary under the will. Defendant did not contest the application. Evidence was given of the testator’s mental condition, and Justice Northcroft granted the application. BIGAMOUS MARRIAGE. CHRISTCHURCH, May 24. A decree absolute was granted in the Supreme Court to-day by Mr Justice Northcroft in a case in which Doris May Challis, of Christchurch, petitioned for the annulment of her marriage with Donald McDonald, of Christel urch, labourer, on the grounds that the marriage was bigamous. The marriage occurred on February 13, 1919. in Australia. McDonald’s correct name was Hogg, and he was then married, and his wife was living.

THIRD PARTY RISK. INSURANCE COY’S DISPUTE. p. • Press Association). PALMERSTON N., May 23. The liability of two insurance companies as indemnifiers under the motor vehicles third partv risk, was the subting case in the SnpIn De eml er last a collision occurred between a car with a (trailer, and another car, with the result that the occupants of the latter vehicle were injured. The driver of the car against whom the claim was instituted had borrowed the trailer, and the third party insurance on it was held by a different company from that which he'd the risk on the car. The two Companies agreed that the collision was due to the driver of the car with the trailer, but then the question arose responsible for the damage. The Company holding the risk on the trailer, which was the real cause of the ae< ident, sought a declaration that both companies were liable fifty-fifty, but the Company holding the "cover, on the car. disputed this, saying that if there had not been a trailer. there would have been no accident and no damage. Mr. Justice Smith reserved decision. POLLUTION OF HARBOUR. WELLINGTON, May 24. For permitting garbage to be thrown from the Mataroa into Wellington harbour. Captain Mclntosh was fined £5. Masters of vessels are held responsible for such offences as someone has to take the responsibilitv, though personally they may be quite unaware cf such happenings. INDECENT ASSAULT. TLE EG YM AN SENTENCED. INVERCARGILL. May 24. 7 j- ■ ice Kennedy, at the Supreme Court, this morning. Oliver Samuel Fearn. 41,. married, clergyman, appeared for sentence, having been found guilty earlier in the week on a charge of indecently assaulting a boy of seven. ' Counsel, pleading for prisoner, stressed the fact that there had been no whisper of anything of that kind .‘.gainst prisoner, until the present offence. He had done excellent work and his position in itself was terrible punishment. The medical evidence showed that prisoner had had several nervous breakdowns and tha*t he suffered badly from kidney trouble. His Honor said: “You arouse pity not anger. I think the explanation of your conduct lies in the medical facts mentioned. The sentence I am imposua the interests of the Ihe Court’s sentenei is that you be detained for a period of eighteen months. OFFERED HIS OWN RUG. WELLINGTON, May 24. Harry Money was fined £5 for ment to obtain benefit from the Unemployment Board, ft was stated that he furnished a dec uration to the effect that he had received no wages from private employment in the week previous to receiving sufJtenance, whereas he had Is M wages, plus 2s lid . for several weeks had been earning wages up to £4 2s Bd, and receiving sustenance. The Magistrate said that the only thing making him hesitate in imposing the full penalty was 'that the man’s wife and children would suffer. WELLINGTON, May 24. A visit to a second-hand dealer to sell a rug resulted in a clerk of 24, John Woodville Starling, being sentenced to six weeks’ hard abour. The dealer was C. S. Woodward, who himself happened to be the owner of the rug. He accused Starling of taking it from his car. Starling admitted this was so. He returned another nig also taken from Woodward’s car.