MAGISTRATE'S COURT.

Manawatu Standard, Volume LVII, Issue 8, 8 December 1936, Page 4

MAGISTRATE'S COURT.

A RESERYED JUDGMENT. The fortnightly sitting of the Feilding Magistrate's Court was held to-day, Mr It, M. Watson, S.M., presiding. On ill formation submitted by Mr W. Berry, traffic inspector, Richards and Sons, carriers, of Woodville, were convicted and fined £2, and Court costs 10s, on a charge of having operated a heavy motor vehicle at Ashhurst without the necessary heavy traffic license. Mr Berry stated that defendants were hauling logs to a sawmill at Ashhurst. Defendants had since taken out the necessary license.

At the sitting of the Court a fortnight ago the Magistrate heard evidence in a civil claim entered by George Henry Grindrod against Laura Coleman, in which plaintiff claimed £152 16s special and £IOO general damages. The claim arose out of a cycle accident in which plaintiff and defendant were the parties involved. As a result of the accident plaintiff had suffered a broken thigh. Defendant had not been injured. After lengthy argument, the Magistrate intimated that he would reserve his decision. This morning, His Worship gave judgment. After having reviewed the evidence and the law on the several matters raised, the judgment continued: "In my opinion the negligence of both parties contributed to the accident and the negligence of plaintiff was so mixed up with that of defendant as to make the negligence of plaintiff contributory to the cause of the collision. ] find myself unable to determine that either plaintiff's or defendant's negligence was the decisive cause. That being the case, neither party can recover. Jt is impossible not to feel sympathv with plaintiff, who is a middle-aged man with a family. While plaintiff was severely injured' defendant who, 1 consider was also negligent, got off scot free. But this is a claim for over £SO and I have no option but to apply the strict rule of law, which I have endeavoured to do. Judgment on the action must therefore be entered for defendant, with costs according to scale.''