MAGISTRATE’S COURT.

Timaru Herald, Volume CXXV, Issue 18452, 19 December 1929, Page 11

MAGISTRATE’S COURT.

TIMARU, DECEMBER 18. (Before Mr C. R. Orr-Walker, S.M.) Civil Business. In the following undefended civil cases, judgment was given for plaintiff by default:—South Canterbury Hospital Board v. George Wills, claim £B/8/-, judgment given for £4/S- -, costs £l/10/6; C. W. Wood and Co., Ltd., v. J. Brownlie, claim £l3/16/11, costs £2/16/-; Cecilia Kathleen Hurn v. D. Rodgers, claim £ll/10/-, costs £2/14/-; Caroline Dairy Co., Ltd., v. A. Cordner. claim £7/1/9, costs £l/40/6; D. J. Doyle v. Mary O’Donnell, claim £B/10/-, costs £l/10/6. Judgment Summonses. In a judgment summons case, W. H. Jim Kelly was ordered to pay the sum of £l4/1/6, in default fourteen days’ imprisonment Albert Dunnill was ordered to pay W. L. J. Clarke the sum of £3l/19/11 in instalments of £2/10/- per calendar month, the first payment to be made on January 18, 1930. Roger George Laplanche was ordered to pay E. C. Rodgers the sum of £4O/6/- and costs £2/11/6, for possession of a house. ' Action for Damages. Cecilia Jane Styles (Mr W. D. Campbell) proceeded aaginst Thomas Mclntosh Shanks (Mr A. D. Mcßae) for damages amounting to £4l/5/6, sustained by plaintiff, and arising out of a collision in Stafford Street with a motor-cycle ridden by defendant. Mr Campbell said that plaintiff and her husband were walking home from town along Stafford Street going south, and were crossing the street from the right side to the left at the intersection of Stafford and Heaton Streets, when Mr Styles observed a motor-cycle coming towards them. They were in about the centre of the road, and the motor-cycle was on its correct side. When the rider was about ten yards away from them he swerved suddenly in their direction, and Mrs Styles became alarmed, and stepped back to avoid the oncoming rider. The machine crashed into plaintiff and knocked her down. Plaintiff sustained injuries to her face and thigh, besides suffering severely from shock.

Dr. G. H. Ussher gave evidence of injuries received by plaintiff, which included a ragged cut over the right eye, and a lacerated wound in the left thigh. No permanent injury had been received, although plaintiff appeared to be nervous now of crossing streets. G. A. Booth, Borough inspector, said that he was coming into town, and noticed a motor-cyclist riding south near the scene of the collision. The rider was nearer the crown of the road than the left-hand side. He heard a crash, and, on returning to Heaton Street intersection he found Mrs Styles standing near the motorcycle, which was on the ground, on the right side of the crown of the road.

A. Styles, railway employee, and husband of plaintiff, said that his wife and he were walking home from town about 8 p.m., and when crossing from the right side of Stafford Street to the left side, near the intersection of Heaton Street, he observed a motorcycle approaching, about fifty yards away. There was no other traffic about at the time, and there was a light suspended above the centre of the road. When the motor-cyclist was about ten yards from them, witness was dumbfounded to see the rider swerve towards them. Mrs Sfyles stepped back about three feet, and the machine ran into her and knocked her down. She was taken into a nearby shop where Dr. Ussher attended to her. She had been confined to bed for five weeks, and he had had to employ a girl to do the housework. The maenine had skidded before it struck his wife, and carried on a few feet after hitting her. Plaintiff corroborated the previous witness’s evidence, and added that her coat had been quite ruined, the sleev° being ripped to tatters; also the fall had broken the top set of her teeth. Thomas Mclntosh Shanks, the defendant, said that he was engaged at Kingsdown as a ploughman, and he was proceeding home along Stafford Street at about 20 m.p.h. There was traffic about, and he saw plaintiff and her husband crossing the road about 35 yards in front of him They were a little more than half wav across the street, and he was at the time riding about ten feet from the left-hand side of the road. He had intended to ride behind them, but when about seven yards away from them plaintiff hesitated and stepped back. He applied both brakes, and his machine was practically stopped when he struck plaintiff. He had been riding motor-cycles for seven years. The Magistrate, in summing up, said that there was want of a certain amount of care on the part of defendant, but that he could not be charged with negligent driving. It would also have to be proved that plaintiff was guilty of negligence Drivers of motor-vehicles had to use every care to see that cases such as this did not happen. Damages would be awarded for plaintiff for £2B/19/6 with costs £7/19/-.