CLAIM FAILS

Otago Daily Times, Issue 27572, 14 December 1950, Page 10

CLAIM FAILS

Civil Court Action

r ~ judgment for the defendant was entered by Mr J D. Willis, S.M., in the Magistrate's Court yesterday when the hearing of a claim for £SOQ damages for alleged personal injuries in a car accident was continued. The plaintiff was Edward Sydney Edsall who proceeded against Tilbury Forwarding Company, Ltd On Tuesdav, counsel for the defendant, Mr A. N. Haggitt, submitted that no evidence of negligence on the part of the defendant had been shown and that the defence, consequently, did not have a case to meet. The magistrate said then that the defence in a " judge alone ” case would have to elect first whether it was proposed to call evidence before moving for a non-suit. An adjournment was taken after the point had been discussed in chambers.

Yesterday afternoon, when the hearing was resumed. Mr Haggitt intimated that he wculd call evidence rather than rely on a motion ior non-suit. Evidence was given by Dr Norman Waddell and the driver of the company’s truck. Giving his decision. Mr Willis said that on Edsall's own evidence it was clear he had not been keeping a proper look-out Fie awarded the defendant costs amounting to £39 17s 6d. Mr W. McAlevey appeared for the plaintiff