Magistrate’s Court

Southland Times, Issue 19553, 6 May 1905, Page 1

Magistrate’s Court

FRIDAY,, sth MAYs Before Mr W. G-. Riddell, S.M. A COLLISION. George Mayhew sued W. T. for £6 as damages sustained by a rollision on tho North Road, between plaintiff’s bicycle and defendant's trap. —Mr Lillicrap for plaintiff ; Mr Raymond for defendant; The plaintiff staled Hint on the afternoon of 28th March lie was cycling towards town on tho North Road. Aftei riding about 100 yards on the east side lie met an acquaintance, and turned his head aside to speak to him. He had only spoken a few words when lie heard sameone call out “ Look out,” and he looked up to find the defendant’s horse and tram almost on top of him. He was thrown to the side of the road, and was struck on the shoulder by the wheel of tho trap or by tho horse. The defendant was driving at a fast rate. Witness wps only three or lour feet from the east side of the road. He saw a tramcar approching, from 50 or GO yards distant. There was plenty of. room for the defendant to pass on hi? proper side. Damage to the extent of £5 10s was done to the bicycle, and his clothing was damaged. Evidence was given in support of plaintiff’s case.

The evidence given by defendant was to tho effect that when passing the car his horse shied, and ho pulled in close to it. The horse was frightened by the! flapping of tho curtains. He saw Mayhew some distance away, and he seemed to be wobbling badly and not watching where he ivas going. *Tle admitted that he anticipated that the horse would shy when passing the car.—After further evidence the hearing was adjourned till next day for argument.