CARELESSNESS ALLEGED

Waikato Times, Volume 94, Issue 14773, 12 October 1921, Page 6

CARELESSNESS ALLEGED

* FRIGHTENED A HORSE DAMAGES AWARDEL. At the Magistrate's Court yesterday David Lindsay (Mr Bell), of Matangi, blacksmith, sued George Clancey (Mr Ferguson), of Matangi, farmer, for £BO 12s special and £3O general damages. It was alleged that when plaintiff was driving his gig on the public road at Matangi on a Sunday in February last, the defendant drove along the road so negligently as to cause the horse driven by the plaintiff to become alarmed, an I swerving suddenly to upset the gig and cause injury to plaintiff. The plaintiff's claim was made up of medical expenses £lO 13s, repairs to trap £2, laxi lure tOs, loss of wages V.H7 7s (>d. Defendant was taking milk to the laclory, having two cans in the carl. One can first fell off, bid defendant did no! Hear it owing to the traffic, it, was alleged. Plaintiff pointed to the can. but defendant took it thai, tie was waving at him anil did not look back. A little further on the second can fell off as Lindsay was approaching, and plaintiff's horse became restive, the gig capsizing. Plaintiff was off work for il weeks owing lo injury. Plaintiff alleged that the damage was caused by defendant's negligent driving, which was denied. The negligence, Mr Bell contended, was that defendant was either driving too fast or did not have the cans secured enough. Counsel for defendant argue,] that plaintiff, having the last opportunity to avoid th.' accident, tticre was contributory negligeno on his part. His Worship said there was a conDid of evidence as lo the distance plaintiff was from lie- defendant's ear;, when the cans fell, but the evidcnci was in plaintiff's favour. ;t seemed I l ' His Worship thai had defendant used ordinary care the cans would no) have fallen off Hi,, earl, and the mere fact of the runs falling off showed thai defendant had Imi'ii nnirlignnl in securing the rans. Plaintiff was arcordinglv awarded r,S7 i()s damages and allowe I costs,