SHOP WINDOW BROKEN.

New Zealand Herald, Volume LXII, Issue 19144, 9 October 1925, Page 12

SHOP WINDOW BROKEN.

TRAFFIC PASSING IN LANE. "A DANGEROUS PRACTICE." COURT AWARDS DAMAGES. Comment upon the practice of carts and motor lorriej passing in a narrow Sane was made by Mr. F. K. Hunt, S.M., in the Magistrate's Court yesterday. Albert James Dick and Ethel 0. Dick, confectioners, Symonds Street (Mr. McLiver/, claimed £74 8s lOd from Winstone, Ltd(Mr. Haigh), for damage alleged to have been caused through one of defendant's carts smashing a window in plaintiff s shop. The amount comprised damage to stock, £6 19s 6d; cost of reglazing. £42 7s 4d; sign work, £5 2s; and genera! damages, £2O. Plaintiffs attributed the accident to the negligence of the driver of the cart. Albert James Dick said his shop was situated at the top of Symonds Street and there was a lane running u the side of it. At 5 p.m. on June 23 he was sitting near the window, when the hub of one of the wheels ot a cart owned by defendants crashed through it. The cart i was going at a walking pace. A foot- ' path two feet wide separated the shop ; window from the lane itself and the i wheels of the cart most have passed ever I the footpath for the hub to smash the window. Mr. McLiver said it was the usual practice for a large number of carts and 1 motor-lorries to congregate in the narrow ; lane about five o'clock. The lorries proIceeded down to the garage after the day s \ work, while the carts went up the lane to the stables in Symonds Street. On this particular occasion it was admitted that defendant's cart was on the wrong I side of the lane. , . . j Mr. Haigh contended there had been 1 no evidence of. any act of negligence, i The Magistrate: What do you say to i the cart going on the footpath 1 : Mr. Haigh said the horses took fngnt ! and 'bolted and the collision* _ with th» ] window was unavoidable. Plaintiffs had I not put up a case and should be noa- ; suited. j The Magistrates I am not. going to nonsuit themThe driver of the cart- said the engines ! of the motor-lorries were running and as 1 he drove past them np the lane toward Symonds Street the leading horse became | frightened and bolted. This was the I cause of the window being broken. The cart was not on the footpath until after i the horse bolted- ! "I am quite satisfied there was neglij gence," the magistrate said. The whole S practice of carts and motor-lorries passimg in a narrow lane was dangerous. It I should be stopped. He gave judgment j for plaintiffs for £62 8s lOd and costs.