MAGISTRATE’S COURT.

Otago Daily Times, Issue 20867, 6 November 1929, Page 15

MAGISTRATE’S COURT.

Tuesday, November 5. (Before Mr J. R, Bartholomew, SAL)

UNDEFENDED CASES,

Judgment by default was given in the following cases:—Otago Hospital Board v, Stephen Atkinson, claim £8 14s, for maintenance. with costs (£2 5s 0d); Commissioner of Taxes v. Radio Service, Ltd., claim £l4, income tax due. with costs (£1 4s); R. S. Brown v. William M.-Daw-son, claim £l9 14s, moneys due, with costs (£2 10s) ; James Todd v. J. Finn (Tapanui). claim £7 7s Bd, for goods supplied, with costs (£1 10s 6d); John Chambers and Son v. Alfred Daniel Calder (Lochiel), claim £4 4s 3d, for goods supplied, with costs (£1 7s 6d).

NON-SUITED,

In the adjourned case in which M'Lachlan and Wright claimed £223 damages from the City Corporation, as the result of loss sustained by blasting and explosive operations on corporation property adjacent to the factory of the 'plaintiff, Mr Hay, who appeared for the plaintiff, said he had agreed with the defending counsel, Mr H. E. Barrowclough, to accept a nonsuit. Mr Barrowclough was allowed witnesses’s expenses (£2 15s) and solicitor’s fee (£l2 ss). A RESERVED DECISION. In delivering his reserved judgment in the case in which George Gubbins (Mr J. P. Ward) claimed damages amounting to £49 12s from Thomas Forde (Mr A. W. Buchler), arising out of a motor collision in Cargill road on June 14, the magistrate stated that the plaintiff was at fault in that he had no light on his bicycle and was riding between the two sets of tram rails. The defendant, however, cut the corner from * Cargill road into Surrey street, and as evidence had been given that the visibility at the time was good, the question to decide was what was the effective cause of the accident. The magistrate held that the effecive cause of the accident was the negligence of the defendant, and awarded damages to the plaintiff for the full amount of £49 12s. with costs (£2 3s), witnesses’ expenses (£2 2s), and solicitor’s fee (£4 3s).