A COW, A CART, AND A COLLISION.

Taranaki Daily News, Volume LI, Issue 210, 26 August 1908, Page 4

A COW, A CART, AND A COLLISION.

A WIDOW LADY INJURED. CLAIM FOll DAMAGES. The sequel to tm acicdonl in Devon street hi August of lust year was aired I in the S.M. Court yesterday morning, when Mrs. Hodgson, an elderly and trail lady, a widow, proceeded against Oliver William Hole, a butcher, tor damages sustained owing to the defendant cracking his whip and causing a liorsetorun away aud collide with her, throwing lor to the ground and unfailing; on tin; plaintiff boarding, nursing, and medical expense, besides injury to her clothing, and inllieting upon her a permanent injury to her health. It transpired during the hearing that similar proceedings had been taken against F. C .Scrivener, the owner .jf the runaway horse aud cart.

Mr. T. s". Wv-'stou appeared for the plaintiff and Mr. IJuilliam for the defendant.

The plaintiff, Marion Elizabeth Hodgson, formerly of Eltham, stated that in August, 11107, she was staying in Xew Plymouth for the winter, living at Mrs. Potts' boardinghouse. On the 13th August she walked down the Devon street footpath past Scrivener's store, at the corner of Devon and Watson streets, towards llenui. A horse and cart- stood in Devon street in front of the shop, facing Te llenui. There was no ojiv; in the cart, but two women were standing on the path. She saw no cattle as she crossed Watson street. After passing the store she heard a shouting and clattering, and she half-turned round. A trap collided with her, tearing her clothes to the skin, aud throwing her to the ground almost insensible. It was the trap that she had seen standing by the store. After four weeks' stay at the boardi-nghouse she was moved into her own. cottage, being quite unlit to make the journey to Eltham. Her clothes were rendered useless.

Dr. U. B. Leatham, of New Plymouth, gave -evidence that he had visited Mrs. Hodgson on 13th August last at Cambridge House aud attended to the .n----juries aud shock she had received. His total charge for attendance was £3 18s, which he reduced to £3 10s, and die made several calls afterwards for which he did not charge. He could not speak of the plaintiff's state of health immediately prior to the accident. Frank G. Scrivener, grocer, in Devon street East, gave evidence that on 13.ii August he was loading his cart outside his shop with groceries lor delivery, but he didn't deliver those goods because the horse cleared out with the cart and scattered the goods over the road. The horse was startled by a crack of a whip by Mr. Sole right up against the horse. Witness was standing near the cart, and just about to get aboard, when the horse cleared out. The horse was not unattended. The reins were fastened to the step. Sole cracked a whip to prevent a cow going to the wrong end of Watson street, lie knew that the runaway cart collided witli Mrs. Hodgson, and he had assisted her to her home. The horse would not have moved but for the crack of the whip. To Mr. Quilliam: His horse had .never bolted before. It had never bolted -ill the Hosiptal road. The loading necessitated several trips to and from the shop, and whilst he was in the shop the horse must have been unattended. (Borough by-laws were produced). The wheel of the cart was not locked. The S.M. held that if the horse boIUd with the cart, without anyone in charge, that would be prima facie evidence of negligence. Witness denied that at that time he was accustomed to leave the horse and cart standing in front of the store for hours at a time. The horse - was about seven years old, and had been broken in [ four or five years ago. He himself was being sued by. Mrs. Hodgson for £35 damages incurred by his allowing his horse to remain unattended. Cattle travelling north and south through New Plymouth had to turn Watson street corner at his store.

Thos. 0. Hodgson, of ICltham, son >.f the plaintiff, stated that he had seen defendant Sole about a month ago iu New Plymouth and had also interviewed Scrivener about the matter, with a view of finding out why the latter iliad not carried out his written promise to pay any reasonable claim for damages. At this interview Scrivener stated he was ipi'ite willing to pay if he were given time.

Sarah C. Scrivener, wife of ¥. CI. Scrivener, also gave evidence. Oliver William Sole, the defendant, was called as a witness. (In the day i'.i question lie was on his way to the abattoirs. He saw Scrivener standing under his own verandah, doing nothing. Honey Held was in Devon street, gcttbig some calves nut of Mrs. Smith's garden. There were four or live large cattle and seven or eight calves in llohcylicld's mob, and he was trying to get them into the Waisuii street cattle route. Some of the big cattle were down at the seaward end of Watsoiu street. One cow broke away, and he rode across the road to stop her, the cow heading towards To Henui. He might have used his whip. He did not crack bis whip, for he never used a cracker on it. The witnessus who said he cracked his whip were telling lies. No doubt bis whip made a noise. He would not swear whether or not he was in front of the horse when he used his whip, but he w.is liardly more than a couple of horse lengths away from the. horse which boiled, but he could not say that bis whip caused the runaway, it never occurred to him that what he was doing vomd startle the horse. "If you stopped to think you'd never stop the cattle," he added. He, had not told Hodgson that lie would contribute to a .settlement '.f Scrivener had been reasonable about it. Sir. Quilliam outliued the case for the defence, which was that the accident livas due to the negligence of Scrivener. Barrett Honeyfield, at Omata, and William Kossiter also gave evidence. V Counsel having addressed the Court, His Worship said he was convinced that it was the rushing of the cow which caused the horse to bolt. He had no evidence to show that Sole acted otherwise than in a reasonable manner, or that there was negligence on his part, i Judgment was given for defendant, who j did not claim costs.