MAGISTRATE’S COURT

Otago Daily Times, Issue 24334, 26 June 1940, Page 10

MAGISTRATE’S COURT

Tuesday, June 25 (Before Mr J. R. Bartholomew, S.M.) Undefended Cases Judgment by default was given for the plaintiffs in the following cases:— Otago Hospital Board v. Daniel S. Engstrom, claim 15s for hospital fees, with costs (12s); same v. A. S. Watson, claim £3 7s for hospital fees, with costs (£1 5s 6d). A Motor Collision David 'H. Croll proceeded against John Nenthorne Dyke, claiming £9 11s 8d as damages arising out of .a motor collision which occurred in Cumberland street in October of last year.—Mr WD. Benfell appeared for the plaintiff and Mr J. P. Ward for the defendant. —For the plaintiff it was stated that while he was driving north along Cumberland street the defendant’s lorry, which was travelling in the same direction, collided with his car, causing damage to the amount of the claim. The accident, it was alleged, was due to negligence on the part of the defendant. —The plaintiff in evidence, said that a car which pulled out suddenly from the pavement caused him to swerve, and this he considered was a contributing factor to the collision. The proceedings had not been instituted by him, but by his insurance company.—ln view of the plaintiff’s evidence, Mr Ward asked for a nonsuit, but his Worship held that despite the circumstances there was a case to answer. —After hearing evidence by the defendant, the magistrate held that he was not responsible for the accident, and awarded him judgment, with cost (£1 15s).