CLAIM FOR DAMAGES

Timaru Herald, Volume CXLVI, Issue 21325, 20 April 1939, Page 5

CLAIM FOR DAMAGES

MAGISTRATE GIVES DECISION On March 29 a case was heard in the Timaru Magistrate’s Court, before Mr H. Morgan, S.M., in which Alice M. Davies claimed £36 from the Ashburton Co-operative Dairy Factory Co., Ltd.

At the hearing, at which decision was reserved. Mr G. J. Walker appeared for plaintiff and Mr W. H. Walton for defendant.

Giving his reserved judgment yesterday. Mr Morgan after reviewing the facts of the case, said that he accepted the evidence of the witness George Eric Davies. Two questions arose for decision. Firstly, was defendant's driver negligent, and secondly, if so, was plaintiff’s driver guilty of contributory negligence. As to the first, it was contended that defendant’s driver was negligent in that (1) his speed was excessive on the intersection under the circumstances; (2) he failed to keep a proper loc’:-O't, and (3) he failed to have his vehicle under proper control. As to plaintiff’s driver, it was contended that he was negligent —(1) in falling to observe the “offside” rule; (2) in failing to keep a proper look-out; and (3) in approaching the intersection at an excessive speed. The Magistrate said that he was unable to find that Davies was

guilty of negligence either generally or in respect of a breach of the “offside” rule. He held, however, that defendant’s driver was negligent in failing to keep a proper look-out and in driving on to the intersection at an unreasonable speed. Plaintiff was entitled to succeed for the amount claimed £36 and costs £8 3s.