MAGISTRATE’S COURT

Otago Daily Times, Issue 23918, 20 September 1939, Page 13

MAGISTRATE’S COURT

Tuesday, September 19 (Before Mr J. R. Bartholomew, S.M.) Undefended Cases Judgment by default was given for the plaintiffs in the following cases: — Coulls, Somerville, and Wilkie, Ltd., v. Ronald F. Hall (Hikurangi), claim £8 13s 3d, for goods supplied, with costs (£1 11s 6d); W. Harris and Son. Ltd., v. M. Wilson, claim £3 3s. for goods supplied, with costs (£1 3s 6d); Otago Motors. Ltd., v. E. Riordan. claim £2 9s Id, for goods supplied and work done, with costs (£1 3s 6d); George Dyer and Co. v. Tika A. Pyper (Balclutha), claim £2 14s 3d, for goods supplied. with costs (£1 5s 6d); A. White, Ltd., v. H, W Taylor, claim £'4 Bs. for work done and goods supplied, with costs (£1 5s fid); Victor Nelson, Ltd, v. T. Harper, claim 17s, for work done and goods supplied, with costs (13s). Plaintiff nonsuited John Mitchell, caretaker of the Burnside saleyards, proceeded against H. D. Porter, claiming £6. the value of a dog alleged to have been struck and killed on August 2 last by a motor truck operated by the defendant.-—Mr G. B. P. Wilson appeared for the plaintiff, and Mr A. N. Haggitt for the defendant. —Outlining the claim. Mr Wilson said that the incident occurred on the Kaikorai Valley road near the saleyards. Part of the plaintiff’s duty was to transfer stock from the saleyards to the Abattoirs, and on the day in question, which was a sale day. he was shifting a mob of stock, when a calf broke away. The dog in respect of which the claim was laid was heading it when a lorry driven by the defendant came along and. after striking the calf, then struck and killed the dog. It was contended for the plaintiff that the defendant was not exercising sufficient care and was driving too fast. He was aware that it was sale day, and therefore should have been keeping a better lookout than usual, in view of the fact that there would be very much more stock on the road than on other days of the week. The plaintiff, on the other hand, was taking every precaution to ensure that the stock got safely to the abattoirs.—Evidence along the lines of Mr Wilson’s statement was tendered by the plaintiff, who said he considered that the amount claimed was very reasonable. —James Poland gave evidence that he had seen the lorry strike the dog.—Mr Haggitt asked for a nonsuit, submitting that no negligence on the part of the defendant had been shown.—The magistrate, remarking that clearly the defendant had not been guilty of negligence, nonsuited the plaintiff, with costs (£2 12s).