MAGISTRATE’S COURT

Otago Daily Times, Issue 22137, 15 December 1933, Page 3

MAGISTRATE’S COURT

Thursday, December 14. (Before Mr J. R. Bartholomew, S.M.) UNDEFENDED CASES. Judgment by default was given for the plaintiffs in the following cases:— Dominion Fertiliser Company, Ltd., v. Alexander H. Aitchison, claim £3 4s, for goods supplied, with costs (£1 13s 6d) ; Bristol Piano Company, Ltd., v. Frederick James Bullcn (Ravensbournr-), claim £2 13s, for hire of piano, with costs (£1 6s 6d) ; James Nisbet v. Regal Skating Rink, Ltd. (Christchurch), claim £2B 2s 6d, for work done and material supplied, with costs (£4 Is 6d) ; Otago Motors, Ltd., v. J. A. Nelson (Invercargill),. claim £3 6s 7d, for goods supplied, with costs (£1 4s 6d) ; Otago Hospital Board v. George Agnew, claim £3 2s 6d, for treatment at Dunedin Hospital,, with costs (fl 6s 6d) ; Otago Hospital Board v. J. Watkins, claim £3, for services rendered, with costs (£1 6s Gd) ; F. C. Williams v. Talbot Johnston (Invercargill), claim £3 19s, for money received, with costs (£1 5s 6d) : Vacuum Oil Company Proprietary, Ltd., v. C. P. Morrell (Alexandra), claim ISs (costs only) ; Arthur -Ellis and Co., Ltd. v; Allan Stait (Broad Bay), claim £8 7.' 7d, for goods supplied, with costs (ss). JUDGMENT SUMMONS.

P. c. Barker v. C. Buckley, claim £5 17s, on a judgment summons. —The debtor did not appear, and an order was made for immediate payment of the amount, with costs (10s), in default six days’ imprisonment. MOTORIST SUED.

His Worship delivered his reserved decision in the case in which Thomas Robert Taylor (Invercargill), Matthew Stewart Keoch and Millar Laing proceeded against Reid Poland (Green Island) on a claim for £66 13s 9d as damages arising out of a motor accident that occurred on the Main South road in August, 1932. Mr W. D. Taylor represented the plaintiffs, and Mr A. W. Buckler the defendant. The plaintiffs alleged that on August 13, 1982, at Burnside, a motor car driven by the defendant was so negligently and unskilfully handled that the plaintiff, Laing, who was driving the van along the Main South road in the direction of Dunedin, was forced into the kerbing in an attempt to avoid a collision, and as a result lost control of the machine.—After traversing the evidence, his Worship said that the evidence showed the defendant to bo guilty of negligence as he was well on his wrong side. On the other hand, it clearly had been shown that the defendant, had created an emergency, and if Laing committed an error of judgment that could not be held too strongly against him if he acted reasonably, and he could not be deemed guilty of contributory negligence. The plaintiffs were therefore entitled *to judgment for the amount claimed, with costs (£6 10s 3d) and solicitor’s fee (£4 6s 6d).