SUPREME COURT SITTINGS.

New Zealand Herald, Volume XLIX, Issue 15005, 29 May 1912, Page 5

SUPREME COURT SITTINGS.

A CASE SETTLED. ■ : At the commencement of yesterday's flitting of the Supreme Court, before His Honor Mr. Justice Edwards, it was announced by counsel engaged that the case of Hutchinson v. Hendy had been settled out of Court by agreement between the parties. The claim was for £562 10s, commission alleged to be due' on the sale of Coombes'a Arcade. It was announced ■that'a settlement had been arrived at through defendant agreeing to pay £450 and costs. * CLAIM AGAINST TEAM COMPANY. A claim for £350 damages was preferred against the Auckland Electric Tramways Company by William James, for injuries received as the result of an accident which I occurred in April of last year. Mr. R. A. i Singer appeared for the plaintiff, and the j defence was- conducted by Mr. J. R. Reed. Plaintiff deposed that he was driving down Khyber Pass in a trap, when a car j came down behind him and ran into his ; cart, overturning it. He heard a gong j about a minute and a-half before the car bumped his cart. The car was then only syds or 6yds behind him. . He was thrown out of the cart, and was rendered unconscious for about 20 minutes. He suffered injuries to his back, a rupture, and, as the result of the occurrence, he became hard of hearing. He was confined to his bed for about 10 or 11 weeks after the accident. He drove down the street with one wheel on the tram lines. He did his best to get away from the tram after he heard the gong, but could not do it. Dr. Neil MacDougall, who was first called to attend plaintiff, deposed to the nature and extent of his injuries, stating that he was suffering from shock, extensive bruises, and tenderness. of the spine. He was somewhat deaf, but there was no evidence as to the cause of it, He treated him for about two months. He was confined to his bed about a fortnight, but for the whole of the period of treatment was not capable of working. He was still suffering to a slight extent from the effects of the accident. - ; Plaintiff's daughter, Maud James, stated that she saw her father a few minutes before the accident. She watched him driving towards Newmarket, and actually saw the accident happen. She considered the tramcar was travelling at a good pace immediately prior to the impact. She Called her mother, and they both ran down to where the collision occurred. He did not seem to be. conscious' when they got there, because he knew neither of them, ■ A lad, William Gill, .gave corroborative evidence regarding the circumstances of the mishap.' He stated he was walking up the other side of the street at the time, and saw the whole affair. He had no recollection of saying to a tram inspector that the car was travelling at a medium speed, not so fast as they generally/gravel, though he did make a statement shortly after the Occurrence. Vincent Munro, who was living in the vicinity at the time of the accident, estimated the speed of the car at from 18 to 20 miles an hour. * -' At this stage further hearing was ad- " jouraed till this morning. -./■> ')'■'■■ A CASE ADJOURNED. An adjournment to amend the statement of claim was necessitated in the case of Frederick Mortimer v. Joseph Seymour, claim for £231 16s 6d, for alleged breach of contract. It was agreed between counsel to dispense with bearing before a jury, as there is every prospect of their coming , to an agreement regarding the facts. , Messrs. Stanton and Levien, instructed bj Mr. Moore, appeared for plaintiff, and Dr, Biunford for defendant.