MAGISTRATE’S COURT

Hokitika Guardian, 2 May 1931, Page 2

MAGISTRATE’S COURT

SITTING AT KUM AR A Before Mr AV. Meld rum, S.M. at the lvunuira Magistrate’s Court, on Wednesday, the following cases were heard : Alice Case A r . J. C. AVitherington, junr. claim £3—Judgment by default for amount claimed, wit hcosts. M.. Case v. Joseph Cooper, claim £4 •25,6<1. —Judgment by default lor amout claimed with costs Bs. .... Case v. Clarence Hunt (judgment summons) claim £B. Defendant who did not appear, was ordered to >ny the amount forthwith, in default 14 days imprisonment. Judgment to be impended so long as defendant pays die sum of £2 monthly into Couit. first payment to be made on May 29. R. Curtis was ordered to pay the I'hristclmarh Gas Company the sum >f £ls forthwith, in default H days’ mprisonment. Payment to be sus* renden so long as defendant pays the ram of £4 monthly into Court. First layment to be made on May 29. AIOTOItTST FINED.

John Neame was chnrged that on be 6th day of April, 1931. at Kuiara, being the driver of a motor ,elude ,be did fail to pass to the left

•f a traffic dome placed at the interactions of Alain and &eddon streets, 'or the direction of traffic thereon. Mr oyce who appeared for defendant tlended not guilty.

Cons table Wilton said: Oil Monday, pril 6, at about 5 p.m., I witnessed: collision between a motor rear driven ,y John Neame and a motor cycle rid’en by A. Pat’khill and Jallies Cooper, be cycle was coming from the Kuijira railway station. It was on the ft side. The car was coming in the pposite direction on its proper side. Vhon near the intersection, tlie car ’owed to the right and collided with be motor cycle, right against the orbing .on the right band side. The

ycle was overturned and both men uin rod. The men were conveyed to be hospital. Both vehicles were tracing at a moderate rate of speed, 'ben the car stopped, I saw the driver id not complied with the regulations, here were domes in the roau. The , r was 12 feet from the dome as the river was cutting the corner. I in-n-viewed the driver- who ,was at the heel and 1 asked him why he was 1 that position and he replied that 3 didn’t know. I then asked him here he was going and he said “I as going down home.” I told him 2 was cutting the corner, and he said iat he supposed he was. I examined he car and found the steering rocl roken. The driver subsequently stat.l that he was not going home, but > the station. He refused to make statement when asked to do so. To Mr Joyce: He was in Main $ treat at .the time of the accident bout 20 feet from the corner, and was lose to Wise’s, shop. Tlie impact ocurred after |he .ear swung across 'eame did not pass the dome. He saw

le steering gear was brazen. . Fred Parsons said he wfis a postal ifficial. He remembered the collision, s„life was standing about eighty yarcjs ast of the corner. The accident took iacesabout 8 feet away..He saw both ie car and the cycle approaching; le impact took place about five yards lek from where he was standing, The /cle wasycoming from the railway, He iw it cross the intersection. It was n the left hand side of the road. The ir coming down Seddon street was ot on its fright; side; the left hand heel was about to cross the dome; ie car looked as if, it was going down tain street; the impact took place be.veen the bumper and the right hand heel of the car. To Mr Joyce: He was quite certain he impact took* place on the right and side of the- car. He saw the cle coming up (lie Beach Rond when vo or three hundred yards away; the vcle was six feet from the footpath, hen the impact took place. The en on the cycle were thrown to the ••ft. _ ' To the Bench/: The ear did not blow s horn, nor did the driver give any

gnal. John Neame said that on the evenng of the accident, he was driving a tudebaker car, going to the station; .ere were two ■ cars parked in front f Wise’s shop, and he had to pull ut to pass, lie saw the cycle coming >p the Beach Road. He had no intuition of going home at the time, the car was travelling at about W 5 niles an hour. When it struck them t broke the .steering f rod. He pulled ip in about 12 feet after the impact. 3e blew the horn; the cycle came .long pretty well in the centre of the road.

To -Constable Wilton : The steering gear was not broken before the imiaet. He was traveling at about 8 miles, and tlie cycle at 25 miles an hour.

At this stage the Magistrate said he lid not believe a w’ord Neame had .aid. T. McAllenler said that he saw Nenme’s car coming along the road; it was travelling at about 10 miles * hour. There were cars parked in front of Wise’s shop; in pass-ng, Neame pulled out slightly. The right hand''wheel was about the centre of the road. Witness saw the cycie eom-

ing up Beach Road. The cycle seemed to hit the front fender. After the impact, the car slowed and came towards the pavement and stopped about 10 feet away; the cycle was then under the running board ; the car carried the cycle some distance ; tlie cycle was two feet from the dome; the car swerved after the impact. To Constable Wilton: The cycle seemed to run deliberately into tne

To tlie Bench : When he first saw-

tlie cycle, it was travelling at 20 miles an hour and tlie car was travelling at about 8 miles; the impact took place about the centre of the street, when the cycle struck the car; rhe two men were thrown to the curbing, from the centre of the road about 20 feet.

Cyril Haines said lie was on the street at the time of the accident; two cars were parked in front of AVise’s Ho saw the motor cycle three chains down the road before it, got near the intersection ; it was travelling at 20 to 25 miles an hour, about the middle of the road; there were no motor rests for the pillion rider; the car was coining along nearly oil the centre of the road. He saw the impact; the cycle tried to miss the dome and struck the car; the ear carried the cycle between 2 and 3 feet. Tim men were thrown clear. AVitness saw no one else on the street at the time ;, lie did not see the post boy there. The road was clear; the car was travelling at 8 to 10 miles an hour. He did 1 not' see tlm constable for 5 minutes after the accident,“ ■ ; * •

To tlm Bench: The men wen; thrown IS to 20 I'e'et after ‘this impact; the men did not leave the cycle for a second or so after,the impact. The Magistrate said there was a direct conflict of evidence, and he had no hesitation in accepting tlie evidence of the constable, and was not siitisic-d with the evidence given by the witnesses for the defendant. It. seemed a physical impossibility for the men to have remained on the cycle after the impact actually took place. The evidence of both the constable and the post office boy was that the cycle was on its right .side and consistent with what actually happened and the result. The driver of the car was cutting the corner and had committed a breach of the regulations. Defendant would be fined £3 with costs. ; INSURANCE CLAIM. Alice Case v. Home Insurance Cov., claim £IOO insurance cover over furniture destroyed bv fire.

Plaintiff, who conducted her own case, said that she bad a cover of £IOO with the defendant company. The fire took place on July 23, 1929, when the furniture was destroyed. She gave notice to the company, si xweelcs nf-

ter the fire, hut put in a declaration of loss on July 29. The fire adjuster h«'i rlA, ie .flic business with her son and not with her. To Mr Paterson: She received no letter from the company; Graves went through the house, She made a claim six weeks after the fire, but signed a settlement- agreeing to accept £BO. The Magistrate, in giving judgment said tjie company had accepted a risk ever the furniture in question. After the ft”e Mrs Case had signed an agreement to accept £3O in settlement; no money had been paid and no defence to defend had been filed by the company, and upder the equity amt good conscience clause he would find her a verdict for £2O,