MAGISTRATE'S COURT.

Taranaki Daily News, 16 February 1916, Page 6

MAGISTRATE'S COURT.

DAMAGE TO BOROUGH STREETS. CLAIM AGAIXST CONTRACTOE. A sitting of the Magistrate's Court was lield yesterday, before Mr. A. Crooke, S.M. The case was continued in which the New Plymouth Borough Council proceeded against Trevor Bros., Ltd., contractors, of Wellington, claiming to recover £73, being the amount of extraordinary expenses incurred by plaintiff Council in repairing Devon street. Powderham street, Dawson street, Standish street, Queen street and Vivian street, where, the plaintiff claimed, damage had been caused by excessive weight or extraordinary traffic conducted by defendants between February 9, 19N, and September 8, 1 !)]o. •Mr. J. IT. Quillism appeared for the Borough Council, and Mr. A. H. Johnstone (instructed by Messrs Young and Tripe, of Wellington) appeared for defendants. A. H. Palmer, civil engineer, said that at the request of the Borough Council, he inspected, in February, 1914, portions of Queen street, Silver street, Powderham street, Dawson street, Standish street, Barrett street, West street and Vivian street. These streets were constructed for the ordinary tradesmen's, traffic, while country traffic also used Dawson street. At that time he estimated it would cost £IGI to put' portions of the streets in good repair, but on inspecting the streets after the carting to the new hospital was finished, he estimated that another £37 would be required to repair the streets. The extra damage done to the streets was due to the excessive traffic which passed over tliem. To Mr. Johnstone: The winter of 1914 was a bad one. The streets throughout the borough had been in fairly bad order for some considerable time. lie bad no knowledge whatever as to what was spent on the streets, but lie was told £204 was expended. T. A. Berridge, contractor, said lie was engaged by the defendant to cart material for the new hospital. He carted material from the railway station and from Fitzroy. Trevor Bros, had a team carting at the same time. For the greater part of the time witness had two carts employed, while later he had three carts in use. He received no instructions as'to what route to take, Witness 1 carts went up Standish street until it got too bad, and then transferred to Morley street. Powderham street was also used, but when this street cut up the traffic was diverted to Vivian street. To Mr. Johnstone: Rome of the streets over which the traffic passed did nut cut up at all. All the traffic went over Barrett street, but this street did not cut up. Mr. Trevor suggested to witness that lie should use the Morley street route. The streets improved in the spring of 1914. The carting to Dartmoor would have tended to cut the roads up. The Magistrate reserved judgment. SEQUEL TO AN ACCIDENT. The case in which .T. Gilbert (Mr. F. E. Wilson) proceeded against Harry Xewland (Mr. A. E. Standish). claiming £o general damages and £2 8s (Id special damages, caused by the negligence of the defendant, was completed. The Magistrate said there was no doubt the defendant was negligent, and li" save damages as claimed, and costs £3' 10s. UNDEFENDED CASES. Judgment was given for plaintiff in default of defendant in the following cases: —.T. D. Murray (Mr. E. C. Hughes) v. F. Siffleet, £0 15s fid (costs £1 4s Cd); A. R. Standish v. A. E. Otwav, £93 7s Id (£2 13s): the Red-Post Furnishing Co.. Ltd. (Mr. A. Bennett) v. Sidney A. Ward. £23 Gs (id (£2 14s); F. W. "Webb (Mr. E. C. Hughes) v. P. J, Power, £7 19s (£1 3s Cdi-