MAGISTRATE'S COURT.

Press, Volume LVIII, Issue 10882, 5 February 1901, Page 3

MAGISTRATE'S COURT.

UNDEFENDED CASES. Judgment by default was given in the following cases: —John Finnerty v Thomas Watkins, claim £9 19s; Frances H. Bruges v Ephraim Towner and Fanny Toomer, claim £8 13s 3d; Henry James Holt v William Owen,* claim £2 5s and possession of tenement: Henry Berry and Co. v Hopkirison and Cautell, claim £4 4s sd; Henry James Holt v Edward Hart-well, claim possession of tenement and £1 2s - CLAIM FOR. DAMAGES. Yesterday Mr H. W. Bishop, S.M., had a case before him in winch Alfred James Smith (for whom Mr Joynt appeared) sought to recover £100 damages tinder the Employers' Liability Act, for injuries received by him while working for Messrs Smith and Smith, sawmillers. He alleged that a circular saw at which he had been working had been improperly packed, and, in consequence, had caused an injury to his hand, which had permanently affected one of his thumbs. In addition to tho damages plaintiff claimed £39 for loss cf time, etc., having been four months out-of work. In evidence it was shown that plaintiff (who is a brother to one member of the firm he is suing) was earning 30s per week before the accident, and three weeks ago obtained employment with another firm as yardman at os per day. Plaintiff said defendants would not recognise him after the accident or give him employment. Mr Harper appeared for defendants. Considerable evid-Snce was adduced in support of the claim, the defence being that plaintiff had met with his accident through carelessness. The Court adjourned at 1 p.m., his Worship deciding to visit the mill where plaintiff met with his injury. On the Court resuming, further evidence for the defence was given, and the case

adjourned for argument on the question of j contributory negligence. I A STREET COLLISION. : j The next case arose out of a collision -.j b.tween a trap and a cab in High street, j near the Clock Tower, on November 3rd j last. Geo. Glover, plaintiff, represented by j Mr T. W. Stringer, informed the Court that : on the date alleged, just after he had : passed the Clock Tower, *a cab, furiously i driven by Patrick Howard, ran into his trap, \ and broke a shaft, injured the harness, and made plaintiff's borss bole and put his I head through a window. A man named • Carridus was driving Glovers trap, and did ■ his best to avoid a collision. Mr T. I. j Joynt appeared for the defence. Thomas > Carridus gave evidence that Glover's horse _ was walking, and Howard's cantering when : the collision occurred. Several other wit- ; nesses supported the statement. Fcr the defence Patrick Howard swore he was only going at a trotting pace; the people who ; said he. was going at a furious pace ought- ■' to be ashamed of themselves. Had bseu ; charged with furious driving only twice, and had been cab-driving for thirty-two or thirty-three years. Several witnesses told an entirely opposite story to the plaintiff's -witnesses, alleging there was no furious driving, and that the driver of the trap might easily have avoided collision. His Worship said the evidence was so {-xceedingly contradictory, as it was generally in such cases, that he would have to reserve his decision. POSSESSION WANTED. I Charles David Scott sned Joseph David Dimond for possession of certain premises _ and £3, being rent at the rate of £1 per j week for three weelTs. The rent had origi- j nally been 12s per week, defendant offering I 13s "to bs allowed to stay in the house owing j to his wife's ill-health. Plaintiff, however, j to penalise defendant, claimed £1 per week, ; alleging that defendant __children destroy_d j his property. Rent at the rat's of 13s per week was paid into Court with costs of proceedings. His Worship said he would give judgment for the amount pa_.d into Court; he would not admit- the penalty claim. Defendant must give up possession, and he would allow two weeks in which to vacate. Mr Malley appeared for defendant.

KAIAPOI.

Mrs Denny Keliher complained of her husband's treatment and neglect. Mr Papprill put in a letter, in which the husband agreed to pay 15s a week fcr the support of his wife and "two children. Messrs Wardell, ,S.M., and E. Feldwick, J.P., made an order for enforcement of same.

In an ill-advised moment- J. B. Moody bought a cottage from a Maori, and paid him. Months after another native obtained judgment against Moody for £25, proving a claim to be part owner. Yesterday, in the Kaiapoi Court. Ki-ri Rehu, for whom ilr Hoban appeared, als*o claimed £25 as another owner. The Land Transfer title was proved, nnd the question turned on Mr Johnston's contention that the building, valued at first at £60, was only worth £40, and, into the bargain, was infected with consumption, after six deaths in it. Defendant Moody, to make certain of his purchase, nnd Ironing to cover all chims, held a letter from Manahi, the vendor, and also had th_ building delivered to him on a public road. Mr Wardell gave judgment for £15—a fourth share—in favour of Kiri Rehu, with £1 damages, and £3 5s costs. It was stated th.re were other claimants, who are infants.

D. Brown, for whom Mr Hoban appeared, sued J. Taylor for £6 4s, for damage to walls and cleaning premises. P. Bate gave the details for repainting, etc., £2 9s. Defendant said he understood that oilcloth put up on the walls of a butcher's'shop could be taken away. Judgment for plaintiff for £3 16s, costs £2 3s.