A VALUABLE DOG.

Gisborne Times, Volume XXXIV, Issue 3784, 20 March 1913, Page 3

A VALUABLE DOG.

MOTORIST PAYS DEARLY FOR RUNNING OYER IT.

AN INTERESTING JUDGMENT. Judgment was delivered by Mr W. A. Barton, S.M., at the Magistrate’s Court yesterday morning in the ease of .William Berry (Mr Barnard) v. Harry Anderson, cycle and motor mechanic (Mr Bright), a claim of £32, being £lB value of a dog killed by defendant’s motor car, and £l4 damages for loss of employment caused through the loss of the dog. In the course of his judgment, His Worship reviewed the evidence at length, and concluded : The question therefore is : Was the driver of the car guilty of negligence P lam of opinion from the evidence that at the time of the accident the car was travelling at a 'Speed of from 15 to 20 miles an hour, and considering all the circumstances including the nature, condition and use of the highway, that it was a dangerous speed. The evidence is that part of the road was blocked from traffic, which consequently drove it all to one side, and there being several other vehicles about the road at the time, the driver of defendant’s ear should have slowed down at the time of the accident. Had he reduced his speed he would have had a better opportunity of avoiding the dog and the dog would have bad more chance of setting out of the way of the car. Motorists should bear in mind that other persons besides them are as much entitled to the use of the road as they are, and that safety of the public and their property must be considered. I am of opinion, in all the circumstances, that -the damage resulted to plaintiff through the defendant’s car being driven at an excessive speed, and that defendant was therefore guilty of negligence. Judgment will be entered for plaintiff for the value of the dog, which I assess at £l6, and for loss occasioned to plaintiff through having had to refuse work in consequence of being deprived of the dog £4, making in all the sum of £2O, with costs of Court £1 16s, solicitor’s fee £2 12s,'and witnesses’ expenses £1 Gs.

An .application by Mr Bright for leave to appeal on the point of special damages was granted.