MAGISTRATE'S COURT

Manawatu Standard, Volume XLIV, Issue 1039, 11 June 1924, Page 2

MAGISTRATE'S COURT

CAR DEAL DISPUTED. JUDGMENT FOR PLAINTIFF. At the Magistrate's Court yesterday, before Mr J. L. Stout, S.M., W. 1. Black, of Palmerston North, agent, proceeded against Justice and Edmunds, of Palmerston North, motor garage proprietors, claiming £l2 19s lid, allegedly the balance of the proceeds of the'sale of a motor car, the property of plaintiff and sold by defendants on his behalf. Mr Abraham appeared for plaintiff and Mr Ongley for defendants. The evidence went to show that the amount claimed was a portion of the proceeds of the sale of the car held back by defendants to cover the cost of repairs done t>y them to enable the sale to be effected. Plaintiff denied having authorised the repairs. After hearing lengthy discussion the Magistrate gave judgment for plaintiff for £1 12s and costs 6s. SEQUEL TO COLLISION, CLAIM FOR DAMAGES. An action between C. J. Foale, of Paraparaumu, and Kenneth Havill, of Palmerston North, was then commenced. Plaintiff (Foale) claimed from defendant the sum of £29 19s 3d, being the cost of repairs to his motor car necessitated by a, collision with defendant's lorry on the Foxton road near Himatangi, on the night of October 31 last. Plaintiff also claimed £ls general damages. The defence was a complete denial of any liability. Mr Abraham appeared for plaintiff and Mr Cooper for defendant. Plaintiff in evidence stated that, on the night of October 31 last, at about half-past seven, he was driving home in his car after leaving the Palmerston North Show. In the car besides plaintiff were his wife and daughter and three other occupants. Near Himatangi, owing to the twists in the road, plaintiff was driving slowly, his speed averaging about 13 miles an hour. He was about to turn a corner when a lorry, allegedly with no lights burning, came round the corner. Witness swerved to his left and the lorry driver swung on to his own side of the road. In doing so the lorrv struck the car and damaged it to the extent of the amount claimed. Witness's lights were dimmed at the time, and after the accident the lorry driver complained that plaintiff's lights had dazzled him. Witness gave the driver of the lorry his name and address, but when lie asked the latter for his the request was refused. Witness, in consequence, was obliged to ascertain the ownership of the lorry by communicating with the Kairanga County Council, with which the vehicle was registered. The evidence for the defence was a complete denial of the allegations of plaintiff. William Francis Doyle, lorry driver, said that on the night of the collision

he was riding in defendant's lorry which was in charge of a man named Walton, the regular driver. Witness relieved Walton at the wheel after leaving Levin. There were no lights burning on the lorry as it was not dark enough. Plaintiff had allegedly approached the corner at a considerable speed on the wrong side of the road and, on seeing the lorry, he had swerved over to his correct side. Had plaintiff been driving at a reasonable pace witness could have got out of his way, in time. Further evidence having been heard, the Magistrate stated that apparently the accident had been due to carelessness on the part of the defendant. Judgment was accordingly entered for plaintiff for the full amount claimed, together with costs.