SUPREME COURT.

Press, Volume LXVI, Issue 13876, 29 October 1910, Page 5

SUPREME COURT.

CIVIL SITTINGS. The civil sittings of the Supreme Court were continued yesterday before his Honour Mr Justice Sim. AUSTIN v. STORRIE, LTD. Tho case of Austin (Mr Dougnll, with him Mr Graham) v. Alexander Storrie, Ltd. (Mr Beswick, with him Mr Payne) was continued before his Honour and a special jury. Charles Henry Austin claimed £165 - damages for alleged breach of contract and inI jury to cows through the defendant's installation of a milking machine. Further evidence was given, and tho ca.se for'the plaintiff closed. , Mr Beswick submitted that in law it was impossible for plaintiff to claim I both rescission of contract and darn- | ages. i After argument Mr Dongall abandoned the claim for rescission of contract. In opening for the defence, Mr Payne said that it would bo proved that Au.stin had ordered a !No. 2 "Storrie" machine, and that that was what ho got. Counsel traversed at length statements made by plaintiff 1 and his witj! nesses. I William McKay Elder, salesman for \ defendant, explained the operation of < the machine to the jury. He also gave •j evidence for the defence. He- stated >■ that it was a matter of indifference to I the firm whether they sold plaintiff a Hartnett or a Storrie machine. Since about July last year they had supplied from sixty to eighty Storrie machines. Numbers of people who previously had Hartnett machines had replaced them wholly or partly with fctorrio's. Numbers had adopted the fStorrio teat cup in preference to the Hartnett. Witness examined tho machines at Mr Austin's on Wednesday, ! and found the teat-cups in such a conI dition as to make successful milking j impossible. As the result of his observations on Wednesday, witness considered tho instructions given for the treatment of tho machines had not been carried out. I To Mr Dougall: Witness attributed | the greatest fault to tho inflations and I the speed of the pulsators, as the latter | were running at twice their normal I speed. I Other witnesses were examined. | At 10 p.m. the case was adjourned 1 until 10 a.m. on Monday.