MAGISTRATE'S COURT.

New Zealand Herald, Volume LVII, Issue 17649, 9 December 1920, Page 8

MAGISTRATE'S COURT.

MOTORIST OBTAINS DAMAGES.

ROPE STRETCHED ACROSS STREET.

A claim for damages, arising from an accident due to a wire rope being across a street at Onehunga, came before Mr. J, W. Poynton, S.M., in the Magistrate's Court yesterday. , Joseph Brady (Mr, West) sought to recover £74 14s 9d damages from T. L. Smith (Mr. M. Reed), of Clevedon, alleging that on or about August 16, defendant negligently placed a wire across the Onehunga Road, and* failed, to give Nwaming to approaching traffic. In consequence of such negligence plaintiff's motor-car ran into the rope and was damaged/ with the result that plaintiff " incurred costs : for. repairs, and was,' deprived of the use of the car. Defendant had:paid £15 into Court. Plaintiff stated, that he was driving at about 12 miles an hour. . When approaching Barr's ironworks he saw a traction engine on the right-hand side of the road. ' The next thing he knew was that his car was entangled in a wire rope, one end of which' was' attached to the engine, and the other end to a cottage. Counsel for defendant contended -that there was contributory negligence en the part of the plaintiff j and that the hadj been exaggerated. Judgment-was given for plaintiff for £55, including £15. paid into Court, with £10-Is fid cost*.

. BREACH OF AN AWARD. A claim for a penalty for a breach of award was made by the Inspector of Awards, Mr. Hallows, in the Magistrate's Court yesterday, before Mr. E. C. Cutten, S.M., against Fred Morris. (Mr. Yallance), who was charged with having failed to pay a lad the award rate. -Counsel for defendant explained that defendant wanted a bricklayer, and in order to.secure the services of the boy's father, had consented to employ the son, aged 15. A labourer was also employed on the job. The boy was now apprenticed. . The- magistrate imposed a ,penalty of £1.