MAGISTRATE'S COURT

Otago Daily Times, Issue 22879, 13 May 1936, Page 15

MAGISTRATE'S COURT

(Tukbday, Mat 12.) (Before Mr J. R. Bartholomew, S.M.) UNDEFENDED CASES. Judgment by default was given in the following cases:—Dunedin City Corporation v. James W. G. Kerr, claim £2l 7s Od for rates due, with costs (£4 9s 6d); New Zealand Express Company, Ltd., v. Sydney M'Millan, claim £5 6s 9d, balance due on hire purchase agreement, with costs (£1 12s 6d); Allan Campbell v. J. T. Woolley, claim £6, amount of dishonoured cheques, with coats (£l 13s Cd). • JUDGMENT SUMMONS. John Griffiths v. Richard Collins, claim 17s lid on a judgment summons.—There was no appearance of the debtor, who was ordered to pay the amount, with costs, (6s) forthwith, in default one day's imprisonment. , Butterfields, Ltd., v. John Finn, claim £4 3s 6d on a judgment summons.—The debtor did not appear and an order was made for immediate payment of the amount, with costs (6s), in default four days' imprisonment. CLAIM FOR DAMAGES. The hearing of a claim for damages amounting to £SOO as the result of a motor accident on the Main South road between Balclutha and' Dunedin on August 17, wh : ch had been commenced the previous day, was concluded. Herman Ostarasch, a labourer, residing in Dunedin, who had received severe injuries and partial disablement in the _ accident, claimed special damages amounting to £59 13s 4d and general damages amounting to £275 13s lOd, from W. L. Gray and Sons, carriers, of Green Island, the proprietors of the motor truck involved, and Henry Smith, building contractor, Dunedin, the employer of Ostarasch. who had paid out £164 12s lOd as compensation under the Workers Compensation Act, claimed that amount from W. L. Gray and Son.—Mr D. A. Solomon and Mr W. D. Taylor appeared for the plaintiffs and Mr G. B. P. Wilson for the defendant. — William Lockhart Gray, a cartage contractor, said that the driver of the truck was particularly capable and careful. After the accident he had seen Ostarasch in Hospital, and the latter had told him that he did not know how it had happened, as the driver did not appear to be travelling fast.—Cross-examined by Mr Taylor, witness denied that the accident was due to any defect in the truck. To his knowledge, Smith's men had on many occasions travelled on the trucks, but witness had not objected. Some of witness's drivers kept a book in which anyone to whom they might give a lift would sign a statement that he was travelling at- his own rißk. —Frederick William Gray, a son of the previous witness, stated that he was in partnership with his father. Smith had asked witness if he would give the men a ride to Balclutha, and, as a favour, witness agreed, but there was no arrangement to bring them back. —Witness did not know of any book such 'as that mentioned by his father. —To Mr Solomon: He had, when going to Balclutha on one occasion, first picked up some of Smith's employees at their homes. —George Carr, who was driving the lorry when the accident occurred. stated that he had had no instructions from the Grays to bring Smith's workmen back from Balclutha. He had done so at the suggestion of Smith's brother. Witness estimated his speed immediately prior to the accident at between 20 and 25 miles nor hour. He had never received any specific instruction not to carry Smith's men on his lorry, but Mr Gray, sen., had given him a book for them to sign so that he should be absolved of liability in case of accident.—John Thomson, who was a passenger on the lorry, gave evidence as to the load, and gave it as his opinion that the speed at the time of the accident was approximately 25 miles an hour.—Further evidence for the' defence was given by James Kennedy Wright and Douglas Charles Tilleyshort, and after counsel had advanced legal argument his Worship intimated that he would take time to consider his decision.