SHOP WINDOW BROKEN

New Zealand Herald, Volume LXXVI, Issue 23411, 29 July 1939, Page 12

SHOP WINDOW BROKEN

WALKED INTO JY FARMER CLAIM MADE FOR DAMAGES [by telegraph—OWN corresponds] • . TAIHAPE, Friday The sequel to an unusual accident which occurred recently, -when Charles Leary, farmer, of Taihape. walked into . r.lio plateglass window of H. Bowater's radio shop in Tui Street, Taihape, as he was leaving the premises, was heard in the Taihape Magistrate's Court today. John Edward Hamill, of Rotorna, and Samuel William Keats claimed £4O damages from Learv to cover the cost of repairs to the window. Throe witnesses for the plaintiffs considered Leary was negligent. Learv told the Court that he did not see the window and struck it with his right <j knee and staggered hack. Mr. T. C.. Kiucaid. who appeared for the plaintiffs, submitted that Leary was negligent and Jjad failed to keep a proper look-out, but this was denied," ;by Leary's counsel, Mr. R. C. Ongley, who contended that his client had exercised reasonable care. Counsel described the case as unusual and added they had not heard of a similar case in the legal history of Nevr Zealand. The magistrate reserved bis decision. Hamill is the owner of the - building containing Bowater's shop and Keats is the lessee. Keats has sublet a portion of the premises to Bowater.