SUPREME COURT

Southland Times, Issue 24686, 6 March 1942, Page 3

SUPREME COURT

THURSDAY In a reserved decision in the Supreme Court yesterday his Honour Mr Justice Kennedy upheld the decision of the Magistrate (Mr R. C. Abernethy) in the case in which J. R. Gibson and Sons, cartage contractors of Brydone, claimed £124/4/- damages from William Rankin Stirling, of Wyndham, retired farmer, Charles Milne, of Edendale, farmer, and Ellen Grace Milne, of Edendale, spinster, as a result of a motor accident which occurred on the Eden-dale-Wyndham road on April 13, 1941. The plaintiffs alleged negligence on the part of Stirling and Miss Milne and contended that Miss Milne was driving a car owned by her father and as agent or employee of her father. The Magistrate found that Miss Milne was negligent, but that Stirling was absolved from negligence. He also held that Miss Milne was not acting for her father. He gave judgment for £124/4/damages against Miss Milne with £lO/16/costs, and judgment for both Stirling and Charles Milne. The plaintiffs appealed from the decision, disputing the Magistrate’s finding that Charles Milne was not liable. The appeal was dismissed with £6/6/- costs. DECISION RESERVED

An originating summons issued by the widow of Richard Pauli, late of Wyndham, a retired storekeeper, against the trustees of her husband’s estate and beneficiaries under the will was also ’’heard. The husband of the plaintiff died in March of last year. Under the will the widow was left, inter alia, with an annuity of £3/10/- a week and was directed to provide therefrom for the maintenance, education, and advancement in life of the daughter of the marriage. The deceased’s former wife died about the year 1921 and two years later he married the plaintiff, the daughter being

the only child of the marriage. The deceased was 66 and plaintiff 26 when they were married. The widow suggested that her maintenance should be increased from her gross annuity of £3/10/- a week by a further weekly sum of 15/9. Mr Eustace Russell appeared for the plaintiff and Messrs H. J. Macalister, C. E. Davey (Wyndham). J. G. Imlay and K. E. Roy appeared for the respective defendants. His Honour reserved his decision. APPEAL AGAINST DECISION The previous day his Honour heard an appeal from Hugh Gordon Mason (Mr T. V. Mahoney) against the Public Trustee in the estate of James Thomas Henderson, of Tuatapere. The appeal was against a decision given by the Magistrate. The original claim in the lower court was for £3OO. The Magistrate held that the claim was barred by the Statutes of Limitation. Mr H. J. Macalister appeared for the Public Trustee. His Honour reserved his decision.