MAGISTRATE’S COURT

Southland Times, Issue 22956, 31 July 1936, Page 3

MAGISTRATE’S COURT

THURSDAY.

(Before Mr W. H. Freeman, S.M.) Judgment by default in favour of the plaintiffs was entered in the following cases: Sun Insurance Office v. Smith Brothers for £2 6/6 and costs £1 3/6; G. C. Cruickshank v. J. E. Maude for £2 2/- and costs £1 3/6; A. H. E. Aldridge v. Stewart Brown for £4 15/and costs £1 5/6; John Kingsland and Co. v. Hector Nelson (Wallacetown) for £6 0/5 and costs £1 14/6. William 'Shirley (Tokanui) was sentenced to seven days’ imprisonment unless he paid £6 7/4 forthwith to his judgment creditor, Southland Breweries, Limited (in liquidation). George Ellis, married, aged 24 (Mr T. V. Mahoney), was charged with assaulting Robert Armstrong at Tisbury on July 29, so as to cause him actual bodily harm. On the application of Senior-Sergeant Kelly, accused was remanded until next Thursday afternoon, bail being allowed in his recognizance and a surety of £25. Claim For Damages. As a sequel to a collision between two motor cars near- Ryal Bush last May, John Lake, of Ryal Bush, a farmer, and Francis Mumford, a service station proprietor (Mr G. J. Reed), sought to recover from Thomas Patterson, of Hokonui, a farmer (Mr B. W. Hewat), damages for personal injuries, loss of earnings, etc., and for the total loss of plaintiff’s car. The plaintiffs in their statement of claim set out that Mumford was the owner of the car and that at the time of the accident Lake had possession under an arrangement with Mumford whereby he was paying the sum of 10/a week for its use with the option of purchase at £5O. On May 4 Lake was driving the car near Ryal Bush when the defendant, it was alleged, negligently collided with him at an intersection, thereby causing damage to the car and personal injuries to Lake. As a result of those injuries, Lake had been prevented for a period of five weeks from following his occupation as a rabbiter and had incurred surgical and medical expenses. Mumford had suffered loss in that the car was damaged beyond repair. Lake accordingly claimed £172 16/6, being medical expenses £6 16/6, loss of earnings £l5O and repairs incurred by him with the car immediately prior to the accident, £l6. Mumford claimed £5O as special damages as and being the value of the car.

After’ lengthy evidence had been given by the plaintiffs, the case was adjourned at 5 p.m. until next week.