MAGISTRATE’S COURT

Southland Times, Issue 23987, 30 November 1939, Page 7

MAGISTRATE’S COURT

WEDNESDAY (Before Mr R. C. Abernethy, S.M.) William Francis Morrison was fined 5/-, costs 10/-, for riding a bicycle on the footpath. Douglas Robert Rowe was fined 10/-, costs 10/-, for standing a motor-car on the offside of another stopped vehicle. CLAIM FOR DAMAGES The hearing of a claim for £3OO damages arising out of a collision between a motor-car and a motor-van on the North road on the afternoon of July 1 was continued in the Magistrate s Court yesterday afternoon. Percy Copeland Thomas (Mr T. R. Pryde), a weights and scales mechanic, the driver of the car, is the plaintiff, and Ethlyn Reginald Henry Lainchbury (Mr B. W. Hewat), a contractor, the driver of the van, is the defendant. Stanley Johnstone, a clerk, of Invercargill, said he was driving a car on the North road towards Invercargill on the afternoon of the accident. He saw the van cut across in front of the plaintitt s car. After the accident. the witness heard the constable ask the van driver why he gave no signal of his intention to turn into the West Plains driver’s reply was to the effect that he ■ did not think the plaintiff’s car was so close behind. . To Mr Hewat: He did not see a cyclist on the road in front of him. He had thought the road was clear. Mr Hewat said it was extraordinary that none of the witnesses had seen the cyclist, Grieber, who was only about two chains from the corner at the time of the accident. The defendant said he knew the car was behind him and inclined towards the West Plains road. It had been said that the defendant turned right across the road but the marks showed that he did not make a sharp turn but inclined gradually, moving nine feet in towards the centre oi the road in 35 feet. The defendant admitted that he was responsible for a traffic breach. . Counsel pointed out that a motorist was prohibited under the regulations from passing another car at an intersection, or 30 feet from an intersection if the car in front was travelling at more than six miles an hour. The plaintiff therefore committed a breach of this regulation and, moreover, he did not sound his warning device. Counsel submitted that the plaintiff was not entitled to recover damages and actually had exposed himself to a counter claim. , . ~ The basis of the counter claim, saia Mr Hewat, was that the plaintiff, should have slowed up and gone behind the van. The vehicle which did the striking was the plaintiff’s car—this was admitted—and the defendant’s car was in second gear as,evidence would show. It was also maintained that the damages claimed were grossly extravagant. Counsel held that the plaintiff was not put in peril by the defendant’s position but that the defendant was put in peril by the plaintiff’s excessive speed and his position on the road. DEFENDANT’S EVIDENCE Ethlyn Reginald Henry Lainchbury, the defendant, giving evidence, said that he was driving along the North road on the day of the accident. After passing a cyclist named Grieber he proceeded along the road on his correct side. About half a chain from the intersection he pulled over from the east to turn into the West Plains road. Before he did this he looked behind and saw the plaintiff’s car about four chains further back. He also saw Grieber. The defendant said he heard no horn from the plaintiff’s car. The Magistrate said that the defendant had admitted a fault in cutting the corner and it was now to be decided whether the plaintiff was also at fault. After more evidence had been given the Magistrate reserved his decision.

COMMITTED FOR SENTENCE Facing ’six charges of indecent assault o:. small children, including one boy, George William Climo, aged 29, a bricklayer, pleaded guilty and was committed to the Supreme Court at Christchurch for sentence. The offences extended over a period of two years and involved children whose ages from five to 14 years. The case for the prosecution was conducted by Detective-Sergeant R. Thompson and the accused was represented by Mr G. C. Cruickshank. After evidence was heard the accused pleaded guilty and was committed for sentence.