Woodville R.M. Court.

Pahiatua Star and Eketahuna Advertiser, Volume 2, Issue 174, 21 February 1888, Page 2

Woodville R.M. Court.

(Before Mr R. Ward, R.M.)

Thursday, February 16th.

Carver v. Peters. —ln this case Mr R. W. I. Carver claimed 4.T00 damages from Mr A. Peters, sen., as coinpensution fur injuries sustained by tho plaintiff's wife through tho negligence of defendant’s servant (defendant's son), by which a waggonette was upset und plaintiff's wife injured. Mr Burnett for plaintiff, and Mr Hankins for defendant.

Mary Ann Carvor, wife of R. W. I. Carver, of Woodville, deposed to leaving Palmerston for Woodville on the evening ot the 20th August in defcnilent's waggonette. Peters drove very quickly, and tho speed increased until the vehicle went over some obstacle which nearly overturned the waggonette, and threw witness on the opposite side, and hurt her knee; being thrown hack again her back was hurt on a staneh.m, and soon afterward* the waggonette xvent completely ox-er, wheels upwards, nn.l she was struck on the henil with the hood of tho x’ehicle. When witness recovered she found herself lying on the hood, with the body of tho waggonette over her. There was another passenger in tho vehicle, who atrnck a light, and they got out. They thought the driver was killed, but he spoke afterwards, and witness found it xvas Mr Peters' second son xvho had been driving. They found they were among log* and water. Witness walked 2) miles from where tho accident occurred to the Gorge Hotel, where she remained all night, Peters having gone on with tho .waggonette Next morning walked throifglifho G*ge with difficulty to the toll-gate, kept lc\defendant, who took heron to Woodvillo. When witness got home *he had to go to bed, where »he remained for 11 weeks. The doctor had to be tent for.

I)r Williams stated that he called to see Mrs Carver on the 81st August in response to a letter from Mr Carver. Found Mrs Carver buffering from the second stage of i

inflammation of the lungs; she was suffering considerable pum on (be left side, and was spitting blood profustfly. Die cough was violent, came on in spasm*, and lasted some tituu. The cause an*, ho apprehended, contusion of the lung, bx failing on some hard substance. On tinfollowing day found a patch - a bt use on her back witieh wa» quite suilicu ut to account for lUu contusion of the lung*. Attended her for a month. It would h. year* before she recovered from the acci•lent. Did not know whether Mrs Carver was a strong woman before the accident. Andrew Peters, »eru-., gave evidence that since the Ist July his son* had She stable* in their own hand*. The property really belonged to Mrs Peters, ami she was a consenting parly to the arrange moot. After other witnesses had been examined, and counsel had addressed tile Court, the K.M. said that no one xvho had beard the evidence could full to *y iiipuliiisc xxitb Mrs Carxer in her unfortunate accident, lie was ask oil to sav that the accident was caused through the improper driving of Andrew Peters. The evidence did not support this. A man is not liable for the consequences of a horse shieing unless ho know'* the horse lias a peculiar or dangerous habit of doing so. Hu saw no reason to decide other limit that an unfortunate, unprevcntible accident had occurrcxl, and gave judgment for defendant. Friday, February 17th.

Wkli.inoton Loan Comeany v. Best.— Judgment had been recovered in this case in Wellington for A'sß 14s in May last, and subsequently an order xvas mode by the Court nt Woodvillo altering the terms of judgment to payment of i.TO per month. The present action was a judgment summons issued for default in the first instalment. Order made for payment of instalments at the rate of A'B per month, or in default seven days imprisonment. Mr Hutchen for plaintiff. Mason & Ciialdkcott v. Shahman.— Claim d'22 15s for cattle sold to defendant. Defendant pleaded that lie had paid for the rattle by delivery of a promissory note according to arrangement. Judgment for amount claimed and costs. Mr Gothard for plaintiff, and Mi Burnett for defendant. Mrs Hull v. J. Henderson. —Claim T2B 10s for rent of blacksmith's shop in Pahiatlia. Defendant put in a idea that he bad rented tho shop from Win. Hull, who represented himself as the owner of tho property, and who xvas indohtcil to the defendant to the amount of the claim. The plea xvas disulloxved, judgment being given for defendant for 410 IDs (id anil costs. Mr Hutchen for plaintiff und Mr Gothurd for defendant.