TEMUKA DAMAGES CASE

Timaru Herald, Volume CXLVIII, Issue 21560, 24 January 1940, Page 4

TEMUKA DAMAGES CASE

Magistrate’s Court Sits Traffic Offenders Dealt With Arising out of a motor cycle accident, Annie Clinch claimed £l4 8s 5d damages from Herbert Leslie Omelvena in the Temuka Magistrate's Court yesterday. Mr H. Morgan, S.M., presided. Mr F. J. Smith, who appeared for plaintiff, said that on August last, Mrs Clinch and her husband were walking to Temuka and were overtaken west of the Manse Bridge by Omelvena, who was riding a motor cycle. Instead of the cyclist bearing to the right he endeavoured to cut through between the pedestrians and the side of the road and in so doing collided with plaintiff, knocking her semiconscious and damaging her clothes and eye glasses. Mr W. D. Campbell, who appeared for Omelvena, said that even if negligence were proved that statement of claim was exaggerated as some of the clothes were of value and that defendant was not liable for the doctor’s fee for testing plaintiff's eyes. In evidence Omelvena stated that the night in question w T as dark and that he had been travelling in a wheel rut within three feet of the centre of the road. He understood that pedestrians to corpply with the regulations had to walk on the rignt hand side of the road. When approaching plaintiff and her husband he had swerved inside of them to the other wheel rut. but the woman had jumped to the side and collided with him. The Magistrate said chat on defendant's own statement he was guilty of negligence. He agreed with Mr Campbell that the statement of claim was exaggerated. He awarded plaintiff £lO 17s lid damages together with costs. Traffic Offences The following breaches-of the traffic regulations were dealt with: For exceeding 30 m.p h. at Winchester, Maurice John Gabbott was fined £2 and costs; for failing to give way to Ips right, E. W. West was fined £3 and costs, and his Ucence suspended for 21 days; O. J. Donovan, for failing to keep to the left on the Temuka bridge where he collided with a bus, was fined £2 and costs. Rex D. Cole had his licence suspended for 21 days and fined £3 and costs for reckless driving at Geraldine and for having no warrant of fitness and fined 10/- and costs. Constable J. Robertson said that Cole had driven at a reckless speed roun ' the corner opposite the Post Office and his car had swerved on to the wrong side of the road. Defendant had come back again in the same reckless manner and he procured his own car and followed him. Cole's car was lurching on the road and he would not attempt to catch up with him as he considered it too dangerous. Eventually Cole stopped five miles outside the borough and when asked for an explanation, said that he was chasing another car. As far as the contable could see there was no other car in sight. Mokai Reihana, for f: ilure to comply with the conditions of his probation was convicted and discharged. Judgment was given for the plaintiff in the following undefended civil case: Malcolm McCall v. This. W. Hughes, claim £l3 7s, costs £2 16s. BRIDGADE’S TEAM The following have been selected to represent the Temuka Volunteer Fire Brigade at the Centennial competition in Wellington in the first vzeek in March: Foreman F. Chapman, Firemen R. McMillan, R. L. Stokes and T. J. Dwan. Superintendent Allfrey was deputed to attend the annual conference in Wellington. For three months the Brigade has been practising for the competition and there is now an effective combination. The benefit of the trials is somewhat lessened by the fact that only 501 b pressure of water is available whereas in the test 801 b will be used. “YOUNG MR UNCOLN” “Young Mr Lincoln” comes to the Elite Theatre tJ-night in Darryl F. Zanuck’s production of that title and proves a far cry from the bearded statesman we are used to associating with the great man’s name. For here, in the person of the gifted Henry Fonda, is a witty young man, who kidded with the town loafers, rode a donkey, told Jokes and courted pretty girls. This grand Cosmopolitan production for 20th Century-Fox shows a Lincoln that few people know—shows him as the young jacklcj lawyer of Springfield, Illinois, and it’s a glorious human and .tirring piece of entertainment. The film sparkles with the choicest of the witticisms and anecdotes for which Lincoln was famous and there are thrills and romance enough to suit any taste.