MAGISTRATE'S COURT.

New Zealand Herald, Volume LX, Issue 18324, 14 February 1923, Page 12

MAGISTRATE'S COURT.

MOTOR VEHTOLES COLLIDE. CLAIM AND COUNTER-CLAIM Judgment was given by Mr. J. E. Wilson, S.M., in the Magistrate's Court yestcrday in an action resulting from a collision • between a motor-car and a motortruck on the Great South Road last April. James Foubister (Mr. Matthews), farmer, sought to recover from Lee and Arlington (Mr. Wyatt), merchants, £190 for damages occasioned by a 'collision :of r plaintiff's motor-car with defendant's motortruck owing to the alleged negligent driving of the truck by defendant's servant. Defendants counter-claimed for £47 17s 6d for damages sustained by the motor-truck, loss of profits, and depreciation. The magistrate said it was # clear ; the accident was f attributable ; primarily to the fact that the driver of the motor-car was on the wrong side of the road. He was on his wrong side when ;At '■ least 100 yards from the approaching, truck, as he says, dodging holes in the road. ; The" ex* planation of the driver of the «rack was that, seeing the car' approaching an the same side, he concluded -the latter it. in-1 tended to stop at some place on that Aide and drew over to the centre of the road, j In/the absence of evidence that; the road on the motor-car driver's side was ) dangerous, Mr. Wilson thought that conclusion j was one which a' reasonable and intellifent man might; come to. As stated; by J fr. Justice Chapman, the ordinary rule of the road threw on motor-car driver the onus of showing that his approaching another vehicle on the wrong side ; was not the true and proximate \ cause of i the collision which ensued. : ; In the magistrate's opinion,; that onus ? ; had?-'.-not' % been discharged v and, ; further, r in his opinion, ,the action of the tracks-driver in making the final turn was : forced on' him by tlbo; imJ roper conduct of the driver of the ear. Judgment 'on ; the claim was for defendants.: On the counter-claim, as the evidence : clearly ; showed that: the driver of the ; motor-car was l the' hirer ; ; of f the V car defendants ; ? were ;; nonsuited. ;: Defendants were allowed costs on N the claim and plaintiff .; costs on the counter-claim. ■ ',' •

A. BULL AT LARGE. Reserved "'■ decision in ; a ::claim for ; i £50 damages made by Warwick L James; Smeeton (Mr. Stilwe)l)i:farmer, of Maramarua, against 1). : McCorquindale,; (Mr;;;^ Urea),, stock .dealer, 1 ; of Otahuhu, for injolly , to; a" pedigree bull, was given 'by Mr. tE. C. Cutten, S,M. ■. The magistrate said that, de». ; fendant ; purchased a !bull for i£l3los;at a country saleyardji and then endeavoured to drive.;■ it a distance rof , 38; miles. ;; The animal tired, and he put it into ft way» side paddock, .but- made no proper,; provision for its '» security. ' Defendant' kit the animal there without taking any: ~ Jitepa with, regard to it or making any inquiries until' he ;: heard ; : some'; weeks later 'that it had been shot. • j , The animal had broken out, wandered on, to plaintiff'sVplaoe,"- and - after causing him other damage eventually charged. a pedigree j; bull belonging ii to plaintiff while ; the ;,. bull ; was being :■ driven 1 with the herd along the road, and ;: seriously injured plaintiff's bull. ; "The defendant's :f act was ". grossly negligent," •; said - Mr. Cutten. ''There' is, in my opinion, nothing, in the evidence to show that plaintiff' contributed in : any way to j the ■'; injury ? that <■, he 'i received." s Judgment: was ) for plaintiff'{ for : £30: and costs. .;;!; Security, for ; appeal;vwas fixed.-' at £10 10s, plus the amount of; jwdg< meat and costs. ' * .