THE COURTS.

Press, Volume LX, Issue 18095, 10 June 1924, Page 5

THE COURTS.

SUPREME COURT. DAIRY COMPANY SUED. (Before his Honour Mr Justice Adams.) The hearing of tlic case in which William T. Henderson, labourer, claimed £750 damagea from the Ellesmere and Greenpark Dairy Company, on account of an accident to a milk waggon driven by' plaintiff on September 14th, was continued j'esterday. Mr M. J. Gresson, with him Mr E. W. White, appeared for Henderson, and Mr J. H. Upham for the cump.iny. The hearing of evidence for plaintiff was concluded on Friday. Mr Upham moved for a non-suit on the ground that Henderson had not proved negligence. He said that the case should not go to the jury. His Honour said that he could not withhold the <ase from the jury, but would reserve leave to Mr Uphnm lo move for a non-suit, or for judgment for defendants, in case the verdict was against the company. Opening for the defence, Mr Upham sa.d that Henderson was the landlord of the company, which was a small company of farmers, formed during the slump in order to get over difficulties that arose then. The business, which was earned on in Sydenham, originally belonged to Henderson. Hci took on the job of driving the; waggon because the chairman of the company asked him to do so. In August last, a few weeks'before the accident, the waggon was in the hands of competent wneelwrights. Alexander Stothers, manager of the company, said that he had driven the waggon, and did not notice any particular it. He had. heard no complaint _of the waggon before the trial. Henderson, when engaged, said that he had ho;s;-a for about thirty veavs. the acc.dent Henderson said that on account of a hill, a brake was necessary on the road where the accident happened, but witness said it was not necessary. to use that road. In answer to Mr Gresson, witness said that it would be possible, to use the waggon with , only one nut, if it were put on and screwed up'properly. . . Harry Edwin iiobbins, foreman wheelwright at P. and D. Duncan's, stated that there was no need for a brake on any wapfton in or about Christchurch, unless it had to go up tho Cashmere HjKs. A biaKe would not have made any d.fference in tue case of the accident on September 14th. Elizabeth Kawlins, Barrington street, and Richard Stanley Stothers, brother of the previous witness, also gave evidence. The case will be continued to-day.

MAGISTERIAL. MONDAY. (Before Mr H. Y. Widdowson, S.M.) DRUNKENNESS. A first offender and a statutory first offender were eacu convicted ana fined 20a, in default 48 houiß' imprisonment on a charge of drunkenness. REMANDED. Robert John Lee, 27 years of age, was remanded to appear to-day on a charge of having failed io comply with the terms of h s release upon probation. CIVIL BUSINESS. Judgment by default was given for plaintiff in each of the following cases North Canterbury Board v. J. Hillgrove, £6 15s; St. G. A Vinson v. Chas. H. Capes, £6 17s 7d; Triggs and Denton, Ltd. v. Joe Wilson, £9 10s 9d; Christ's Coi.ege w R. E. Sinclair, £ll4 17a 7'd; J. A. Hobbs v. J. W. Barker, £1 18s; W. H. Tisdall, Ltd. V W. H. Nelson, £24 16s 3d; Hutchinson and Co., Ltd. v. R. S. Taylor, 3s id; Eva Nelson v. Frank Power, £1 14a lOd; James Rodger v. G. E. Peterson, £3 Is; E. \V« Pidgeon and Co., Ltd. v. Peter McGregor, £1 Us; National Mortgage, and Agency' Co. of N.Z., Ltd. v. George Molli«on, £22 12a 7d; A. E. Stevens v. C. Woods, £lO 4s lid; National Mortgage and Agency Co. of N.Z., Ltd. v. Alex. Smith, £8 19s sd: St. G. Atkinson v. Helen Green, £26 9s 3d; Beath and Co., Ltd. v. Misg E. Kay, £7 12s 4d' same v S. A. Skilling, £ls 16? 10d • H. B. Low v. W. H, Clemett, £5 13s 9d; J. Burns and Co., Ltd. v. J. G. Burgess, £lO 4e Id; Plasterers' Industrial Workers Union v. P. A. V. Ford, £1 9s 4d; James J. Niven and Co., Lid. v. Allan Taylor, £lO 14s 3d; same v. T Siinnson. £3l 17s 3d • Banks Peninsula Electric Power Board v. G. Kearney, £1 Os 4d; Triggs and Denton, Ltd. v. J. Thorn, 17s 6d; W. Berrym&n v. R. Hsrr son. £3.55; R. x. Cowper v. B. Mitchell, £8 7s. E. A. Pycroft was ordered to pay the BU'n of £8 16s Bd, including costs and- solicitor's fee, 15s 6d, forthwith to Sarah Fuller, in default; 10 days' imprisomnoat. _ L. A. Taylor was ordered to pay £44 128 6d, including costs, and solicitor's fee £2 23, forthwith to Mrs Jessie Hay, in default, 'six weeks' imprisonment. John Duncan was ordered to pay the sum of £3 10s 6d, including., costs and solicitor s fee 15s 6d, to H. Matson and Co. forthwith, in default, 7 days' imprisonment; the warrant to be suspended so long as he pays £5 on or before' June 20th, and thereafter riot less than 10s per week. BREACH OF AWARD.' The Inspector of Awards (Mr T. G. Fielder) proceeded against W. Cameron Wall, motor mechanic, 244 Durham street, Christchurch (Mr R. H. Livingstone) to recover the sum of. £lO as a penalty for a breach of the Canterbury Motor Mechanics' Award. The Inspactor stated that the defendant who was a party to the award, employed one C. B. Nicholls as a motor mechanic from November 14th, 1923, to April Ist, 1924, an 3 failed to pay to ths employee the rato of wages prescribed in the award. "A penalty of £1 was imposed. A COLLISION CASE. A. Gcodhind, carrier, 61 Moßrutrioy's road, Daliington (Mr R. A. Cuthbert) c'aimed fiom John Mortlcek, earner, Weka street, Fendalton (Mr It. G. Archer) the sum of £l4 ss. The defendant counter-claimed ths sum £22 16s 6d. The plaintiff in evidence said that on the night of March 13th between Mansfield avenue and St. Albans street a motor truck owned by the defendant was so negligently and unskilfully driven by the defendant that it collided with witness's motor truck, running into it from the rear and thereby causing damage to the extent claimed. The defendant contended that the collision was caused Ly Goodfiind's negligence in driving the motor truck without a tail I'ght visible to persons behind him on the road, and in pulling np his truck without warning in or übout the middle of .the road. The Magistrate held that . the collision was due to itn accident, and gave judgment for the defendant on the -claim and for Gocdhind on the counterclaim. No costs were allowed to either party. NON-SUITED. The Papanui Supply Stores (Mr G. A. G. Connal) proceeded against Mrs E. Rodgers (Mr R. 'l'wyneham) lor the sum o! £2 13a for groceries sold and delivered. At the conclusion of the evidence the plaintiffs elected to be non-suited. The Magistrate thereupon non-suited the plaintiffs with costs against them. CLAIM FOR REPAIRS. H. D. Christie, garage proprietor, Chriatchuich (Mr K. M. _ Gresson), proceeded against S. T. Granger for the sum of £2O 13s 2d for repairs to a motor-car and for goods supplied. Judgment was given for the plaintiff for the amount claimed, including £4 8s 3d paid into Court, with costs. CONCERNING A FENCE, A. Wright, contractor, Christchurch (Mr J. R. •Cuningha;u), proceeded against James Stony (Mr C. S. Thomas) for the sum of i 6 14s £d, being half co3t of erecting trellis work on an ordinary boundary fence between tho property of the defendant and that of a Mrs Harris. The defendant denied liability. . After hearing lengthy evidence the plaintiff was non-suited with costs.

IN OTHER PLACES. GREYMOUTH. (SPECIAL TO "fHE PRESS.") GB&IMrOUTH, June 9. There was a lengtiiy sitting of the Magistrate's Court to-day betore Mr W. Meldrum, S.M. Several persona were fined for breaches of the borough by-laws, which came into force to-day. QUITTING A TRAIN. James Fisher and William Finlay were charged with quitting a train in motion at Riinanga. Neither of the defendants appeared and a fine of 5a . and costs waa inflicted in each case. LICENSING CASE. Annie Mclntyre, licensee of the Duke of Edinburgh Hotqi, waa charged with exposing liquor for. sale and selling after hours. Mr W. J. Joyce appeared tor defendant, I and (pleaded not guilty. Sergeant H. Fryer gave evidence of having entered the hotel by the Albert street door and finding a man who was not a lodger with a bottle of stout in front of him on the bar slide. | Mr Joyce stated the man waa a chemist

and had purchased the liquor at the request of a sick woman. A fine of £l. and costs was inflicted. SEQUEI/TO ALTERCATION. Alexander Reid, licensee of the Union Hotel, Greymouth, was charged with selling l liquor alter hours. Mr J. W. Human appeared for defendant and pleaded not guilty. Senior-Sergeant McCarthy said that no police evidence would be given. A man named Rooney in company with others had been served with liquor after legal hours. An altercation had arisen between Beid and Booney, and the latter had admitted kicking in the hotel door, but stated that his action was due to provocation. _ James Cardigan Williams admitted having entered the hotel in company with Kooney and a man named Connelly after a dance at the Star Shed and having been served with liquor. James William Booney (Mr Joyce), who was charged with having wilfully damaged the doot to the extent of £2, said that Sirs Reid had served him and his companions with liquor at about 10.30 p.m. Witness had had a row with Beid, who forcibly tiu'ew him out, bo he kicked the bottom part of the door ill. To Mt J4anna.il: Reid rushed him as soon 66 he saw him. It was impossible to account for this action. Aloxander Beid, the defendant, said that Roomy had been ordered off the premises. On previous occasions the latter had been ordered out of the hotel after asking for a drink and witness had struck him and thrown him ciown. Rooney returned and broke the panels of the door, so Mrs Beid informed the police. Herbert Coocor, a, boarder, gave evidence along the same lines. A fine of £6 and costs was inflicted on Beid. Rooney was fined £1 and coßts, and ordered to pay the cost of repairs, to the door. CASE DISMISSED. Ann O'Donnell, licensee of the Empire Hotel, Waiuta, was charged with exposing liquor for sale after hours. Mr Hannan appeared for defendant. The evidence of the police went to show that the hotel was entered on a Sunday and two men were found in froiit of the bar, of which the slide was up. Defendant's son was in the bar. One of the men wns a boarder, but the other stated, he had entered the hotel to see the licensee. •Counsel submitted that there was no case to answer, as the lodger was -7 being served with liquor when tho olher man entered. iiis Worship said that ho aid not require to .hear further evidence and dismissed tne charge. MILK VENDOR FINED. Edward Ernest Fairhall (Mr Hannan) was charged with selling milk containing less than 3.1 per cent, of rniik fat. A plea of guilty was entered. _ The defendant said that previous testa had proved satisfactory and one had shown 4.9 per cent. The sample was taken from the bottom of o 14-gallon can. He had had no complaints from customers. t William Fairhall, father of defendant, and Thomas Sneddon, . employee at the Overland Dairy Factory,/also gave evidence. Tho latter Baid that testa of milk sold by Fairhall showed that the [percentage of butter-fat exceeded the minimum allowed by the law. The defendant had two previous convictions, and was lined £o and costs. "AN OFFENSIVE TRADE." William Hannan t,Mr Joyce) was charged with carrying on an offensive trade, so as to be unnecessarily offensive, thereby creating a nuisance. A plea of not guilty waa entered. Godfrey Henry Russell, Health Officer, said that the information waß laid under the Health Act. Complaints had been made about an offensive Bmell on defendant's premises. He found fat being boiled down at the .back of his butcher's shop and the smell was very bad. Dougall Robertson, fruiterer, said that customers had had to leave his shop on several occasions owing to the fitencli from, tlw rear of H&nnan's shop.. objected to having been obliged to give evidence, as it aroused enmity between traders. The Borough Council should have moved ia the .m:\tter. ... William Henry Ccoper, formerly m charge of Robertson's shop, also gave evidence. Mr Joyce contended that there was no case against defendant, as the trade of butcher did not come within the section. His Worship said that Hannan was liable equally with his brother, who waa his partner. A fine of £2 and costs was imposed. ■ ' 'i. "«