MAGISTRATE'S COURT

Otago Daily Times, Issue 17341, 14 June 1918, Page 3

MAGISTRATE'S COURT

Thursday, June 13. (Before Mr J. R. Bartholomew, S.M.) Judgment for plaintiffs, by default, was given in tho lollowing cases:—Thomas G. Smith v. Edward Jones (Mataura), claim £1 14s 6d, balance owing on an account stated (costs 10s); Philip Ernest Lowo v. Tom Boale, claim, £6 14s 6d, on an account stated (costs £1 3s 6d); D.I.C. v. Mary Menzies (Alexandra), claim, £4 Ob lid, for goods supplied (costs 10s); Robert Brunton v. James Seymour Agnew, claim £1 14s 6d, on an account stated: (costs ss); A. E. Usharwood and Co. v. Arthur S. Palmer (Washdyke), claim £81 14s sd, for goods supplied (costs £1 12s); Robert Robertson v. Percy Thomson (Nelson), claim £38 7s 6d, balance owing on a current account (costs £2 16s); W. S. Reddell v. Joseph Lythgoe (Roxburgh), claim £4 12s, for clothing supplied (costs 10b) ; A. and J. M'Farlane v. John Fennessy (Naseby), claim £23 0s Id, on an account statedl (ooste £2 19s). A Defended Case. —This -was a claim by Hugh William Allen (Mr Sourr) against Herbert Price (Mr Hanlon) ,for £8 13s 2d,, damages resulting from a collision which took placo_ between defendant's motor car and plaintiff's fruit oart in Stafford street on January 19. —Thoe. Henderson, the driver of the oart, stated that he was driving along Princes street, and when he was approaching the Stafford street corner tho defendant oame down the latter street. When he (defendant) saw the cart he increased the speed of his motor car, apparently to get ahead of the cart, which was poing at six miles an hour. When he saw that the car was about to head him off and pass him he tried to pull the horse up. It skidded and the collision occurred, witness being thrown over the side of the cart. The horse was thrown down.—Cross-ex-amined by Mr Hanlon, he denied that he had told Mr Ramsay that tho accident occurred because both parties were going too fast.—Plaintiff gave evidenoa that defendant offered to see him on the following Monday and fix things up, but he declinedl to do anything in the direction of repairing the damage to tho cart as the result of the collision.—Two other witnesses also gave evidence.—Mr Hanlon submitted that the plaintiff should be nonsuited, as it had not been proved that the accident had been caused' by defendant.—Hie Magistrate upheld this contention, and nonsuited plaintiff, with professional costs (£1 Is).