CLAIM FOR REPAIRS

Southland Times, Issue 21716, 31 May 1932, Page 6

CLAIM FOR REPAIRS

DAMAGED MOTOR CAR. A LENGTHY HEARING. The hearing of a claim for £B6 10 '8 for repairs etc., to a car was commenced in the Gore Magistrate’s Court a fortnight ago between J. T. McDonald, garage proprietor, Gore, the plaintiff, and the Victoria Insurance Co. Ltd., the defendants. The case was continued at yesterday’s sitting of the Gore Magistrate’s Court before Mr H. J. Dixon, S.M. Both parties were represented by counsel. The defendant company had insured a car, the property of Mr E. A. Pigeon, Gore, which was damaged in an accident, and had instructed the plaintiff to have it repaired. The company alleged that certain parts charged for as having been supplied had not been fitted. The company had had the rear axle dismantled and alleged that the original parts still remained in the back axle. The plaintiff, McDonald, stated that he had been instructed by Mr H. G. Calvert, Dunedin, the defendant’s adjuster, to repair the car, which was in his garage. Calvert and he discussed the work necessary and agreed upon the prices except for the back axle and towage. These prices were fixed by Calvert. It was late at night, and as it would take some time to dismantle the back axle Calvert agreed that he (McDonald) use his discretion in regard to this portion of the work. He dismantled the back axle and found repairs necessary. The evidence taken during the earlier stages of the hearing mainly centred on the list of items as charged for by McDonald. Lengthy evidence was given by McDonald, and further testimony by George McKnight. The first witness called yesterday was Raymond Walter Blackler, who gave evidence as to the state the car was in when he saw it. McDonald, he said, had shown him some parts he had got from Dunedin. The parts shown him were some bumpers, a crown wheel, a box of sundries, and a cylinder head. Questioned by counsel for plaintiff he said he was in the garage on February 22, and he was also in the office. He went there to pay an account and was shown a receipt to show that a deal in regard to the parts had been put through. To counsel for defendant: He glanced at the receipt and the items compared with the parts he had seen in the back of the car. After further cross-examination along these lines, he said that McDonald had directed his attention to the articles in the back of the car. He could still recollect clearly what those parts were. The mudguards of the car were all off and the head lamps were off. His attention Rad been directed to the car by someone saying there had been an accident. Edward Arthur Pigeon, the owner of the damaged car, said that he had discussed the cost of the repairs with Mr Calvert, who had assessed it at £75 to £B5. He was perfectly satisfied with the mudguard which had been supplied to him. Ralph Somers Edgar, foreman of McDonald’s garage, said he could not remember the actual prices that had been agreed on for the job. If a mudguard were rolled out and re-enamelled it would be. as good as new'. It was only during the past fortnight that he had discovered the new mudguard had been put on Smaill’s car and the other one on Pigeon’s car. The rolling out had been so well done that he could tell no difference between them. In the course of his evidence, Charles James Lowry, partner in the firm of Lowry and Calvert, Dunedin, said that the points disputed in the list of charges were the facts that a new mudguard had been charged for but not fitted, while the necessary repairs to the back axle were not made. Henry Alfred Wilkes, workshop foreman for P. H. Vickery Ltd., Invercargill, gave evidence. Charges Edward Watts, a director of Watts and Grieve Ltd., Invercargill, said he had had occasion to examine the back axle of the car at Vickery’s on one occasion. He examined the axle carefully to see if the differential casing had been opened to remove the crown wheel, and from this he came to the conclusion that the crown wheel had not been disturbed. Warren Wallace Johnson, manager for the Victoria Insurance Company for Otago and Southland, said that as a result of a report which he had received from his assessors he had had the car taken to Invercargill to be examined. John Douglas Speirs, steel-metal worker of Invercargill, said his firm did various repairs to the car, including two mudguards and rear guard. He did not think the repaired guard he sent up to Gore could have been mistaken for a new guard. Samuel de Beere, motor engineer, gave further evidence for the defendant company. The case was adjourned to Dunedin in order that the evidence of Calvert and the typiste in Calvert’s office might be taken.