MAGISTRATE'S COURT.

Dominion, Volume 1, Issue 20, 18 October 1907, Page 5

MAGISTRATE'S COURT.

<. : . A COLLISION CASE. (Before Dr. A. M'Arthur, S.M.) ;/ Judgment "was given by 'Dr.'-A. iM'Arthur, S.M., yesterday morning in the collision' case W. H. Smith (Mr. O'Regan) 'versus the Wellington City Council.' (Air. O'Shea), ,-a claim for £63, damages alleged to' have been sustained v thvo'u£h - the negligence -'of' the .Council's servants. Particulars of the claim show that a collision occurred; between-plaintiff's express and an electric tramcar at the corner of Customhouse Quay and Johnston Street, as a result' of .which tho two liorses in'the express were injured so severely that had to be destroyed. 1 !■' .' His" \V*orship 'saitl that, apart from , the merits' of' the' case, counsel ■' for ' the "defence" had contended that ;the ''plaintiff, could" not succeecl inasmuchaV no notice in ' writing' was given by , th'e plaintiff to defendant before the .commencement of the action. : ' :, ln th'o opini6n_of the Court' the' correspondence which: had 'passed between. plaintiff' and the Town' Clerk" did not amount; to,' and could not bo taken,' in' substitution 'ior the notice require'd'by' section 402'0f the Municipal Cor-' 'poration'Act; 1500.'," ; The objection must be npheld,' and on :l that ground'alone, arid; defendant was' entitled' to a nonsuit.; Proceeding morits of"the case His' Worship had no. hesitation'in giving it as his opinion that the driver of the "express was guilty of iicgligeiice in crossing the corner of a street at more than' a walking pace, aiid was solely responsible' for the accident, and that tho motorman could not havo avoided, the'mishap by use of the kind and degree of care necessary to'.the and in the circumstances in which ho; was placed. Plaintiff would.be "nonsuited under \tlie section of the Act quoted, and judgnient\would'be for tho defendants with costs, £6 us. .

'POLICE CASES. '(Before Mr. W. G.Riddcll,S.M.) Only ono first offending inebriate was on paradeat the Court' yesterday, morning.' The offender was' convicted and J . fined os; "in default ; tiventy-four hours': imprisonment. A young,' strong-looking woman,; Mary Hill, pleaded guilty to a charge of disorderly, conduct in! Abel Smith'Strpet on Wednesday night! She wa3 convicted and fined 20s, in default seven "days' imprisonment.'";"A similar plea was entered' by- John Ferrel on' a ' charge; of having committed a grossly indecent act in Taranaki Street;' His' Worship entered a conviction, arid a fino of-£3, in default fourteen 1 days' imprisonment. George' Cowen, charged with tho theft of £13 at- Feildirig, the property of David Morgan, was remanded'on' the application of Chief Detective M'Grath, to appear at Feilding on October 23. ■■ 1 ' ; CIVIL' CASES. - - - I ■' " (Before Dr.' A: M'Arthur, S.M.) Judgment was entered up for plaintiffs in tho following civil cases :—-Prouse aiid Hiirrell Carriage Building Company, Ltd. v. Albert £. Flyger, £7 14s Gd, costs £1 lis 6d; C. M. Banks, Ltd. v. Arthur Charles Nicol, ' £4 7s : 6d, costs 10s; Herbert Barraclough v. Wiromu.,Wi Neora, £2, costs 20s; Hans Pauli v. Dora Cook, £3 10s 10cl,-costs ss; Robert Henry Johnson v. Mona Forth, £4 ,18s 4d, costs 10s; Thorndon'Cricket Club v. Thomas; M'lneriiey, los, costs 03; J. G. Wilkes v. Hsjry J. Jenner, £10 Is 3d, costs £1 ! 12s 6d; Wellington Traders' Agency v. Horace Powell, £3, costs lis; Ilobinson and Perrin : v. John Morgan, ,18s, costs os; Charlos -. Bradshaw v. Tangata Ki Bapuka, £5, costs.£l 5s 6d. In the judgment summons case E. W. Burton v. Richard Williamson, a'debt of £11 lis /6d, debtor was ordered to pay balance £7 lis 6d. on-or before October 31,' in default seven J ays' imprisonment.

DEFENDED CASES. CLAIM FOR ADVERTISING. (Before Mr.W. G. Itiddcll, S.M.)' ' ... Gordon and Gotoh' sued Ellen Cockayne (Christchurch), for £5 for advertising. Defendant, whose evidence was taken in Christchurch, averred that'tho account had been settled by contra, the representative who took the advertisement having boarded in her establishment. Evidence, was given on .■behalf of plaintiffs,' that nono of its representatives bad authority to settle accounts in that way. His-Worship said defendant had failed to produce 'a. receipt,, and failed to prove,' "that the representative had authority to settle'the account by contra. 1 ' Judgment would be for 'plaintiffs for the amount of the claim, with costs totalling £i 6s. , Mr. Sbmervillc appeared for plaintiffs.' '■' . i ' J A, SHEARER'S .PAY. (Before Dr.' McArthur, S.M.) John William Chase (Mr. Luckie) proceeded against Edward Joshua ' Ihddiford (Mr. Myers) claiming £6 7s. 4d., money alleged to bo owing on account of shearing 729 sheep for defendant at the Orongorongo Station. Plaintiff stated that ho commenced work for defendant's son on October 22, and • the who was • managing the estato, asked him to sign a certain agreement. 'This plaintiff woiiltl not consent to do as he wished to commenco shearing at another place on November 12. Another of the defendant's sons tolcf witness dio could get away as the shed iwould have "cut out" by that time. Bad weather interfered, with the work, and witness could not get away. He worked until November'l6, when,ho became ill and came to Wellington. Tho shed had not "cut out" by that time, and defendant would riot hand over plaintiff's wages, which he was noil' suing for.' ■ -.- ..' . ,At the conclusion of plaintiff's evidence the, case was adjourned until January 14, on ac'count of tho,.absence from, New. Zealand of defendant and his witness. ,

: TWO SETS OF FALSE TEETH. • '..'(Befbre'Dr.. M'Arthur, S.M.) : -Tho Wellington Traders', Agency Company, as assignees of Arthur Hoby,, dentist,. sued Thomas Nicholas, proprietor of theprosvonor Hotel, New. Plymouth, for £7, balance alleged to be,duo on-two upper and lower sets of false teeth ordered from Mr. Hoby.: ' Mr. Jackson, for plaintiff, stated that in' 1903 defendant gave an order 'for a completeupper and, lower temporary, and also a, permanent upper and lower, set of teeth: The usual price for such a contract was £15. The temporary sets were mado for defendant, aild he paid. £8 on account,' leaving the balance sued for,'. £7;' i Defendant'was to go back for the permanent set',, but lie never, did so, although' arrangoment was made in 1903.: Mr. Hoby was prepared to complete' his part of the contract, 'and putin 1 the-permanent teeth.' Mr. Neave; for defendant,--'contended that the permanent set had been secured, but the teeth were returned as they wcro not satisfactory. The contract for the temporary and' permanent'sets was'entered into in November, 1903, for: a sum; of £15, and £8 was - paid on account. "The Temporary sot was fairly satisfactory,' and nothing 'further was done for about' eight months. Subsequently Mr. Nicholas was in Wellington again, and was fitted with the permanent sot', which was forwarded ;iii about two ■or three weeks' time, but defendant was unable to use it and sent it back after a fair.trial. Two years later an account 'Was 'sent'to defendant, and then nothing further was heard for another two. years,' when another: account was receive'd, l-tliis time through the Traders' Agency Company. . .. •Tho case was. adjourned until November 7 to enable Mr.-Hoby to be-called. , CLAIM FOR CHATTELS. i .'.(Before Dr. M'Arthur,- S.M.): ■Richard Mavze sued Mrs. A. > Warren for the possession l of chattels—or their value, £3 12s'. and'for £l'8s; damages. Mr. P. Jack-, soil represented* plaintiff 'and Mr. Dix ■ appeared'for'defendant.; , . V. •'. /Plaintiff, in evidence,!stated ;that defendant stored a box for him.;- When' he-went to got- it, he found that; .some of , the goods iplaced therein . were missing. Defendants had /admittedtto him that, she had used, a quilt. Ho paidUier 4s. as storage and'offered ' to pay 1 more, but defendant would not,,accept further payment.:; Defendant's, husband had volunteered ;to give on his .behalf,, but he had'gone north. , Defendant: deposod that she had neve: opened the box. She used'tho. quilt, which did not-form part, of the contents .of the box. When she sold out, she wroto'asking plaintiff to remove, the box, . but no reply. 'Subsequently, box, was stored with some of , her ,property. . \ Plaintiff had .never paid anything for storage.... ... ' ' Judgment was given for, defendant, i with one guinea costs. . | : MILK AND MILK CANS. : (Before Dr. M'Arthur,,S.M.) : ; i Thomas O'Hagan, dairyman, Wellington, sued Fredorick Harrington and Alfred -Harrington, dairymen, Brooklyn, claiming £49 ss."ld! : for 887 gallons of' milk' supplied to defendants' during August ; last at. lOd. per, gallon.' £3G 19s. Id.; two milk cans not returned £3 Is!, and time expended by plain-, tiff and' his'servants seeking ,for cans not returned £9 ss. Defendants counter-claimed - for, £20 alleging' that plaintiff had supplied them with sour milk, whereby they lost custom to tho extent ,of 20 gallons a day. Of the counter-claim ,£ls was for dam-agesfor-loss of; custom; and £5 for, general 'damages."'■' The - greater, part of tho after/lioon' was taken up with', examination and cross-examination of plaintiff, - and -the case was .adjourned until October 24. Mr. Devino appeared for, plaintiff and Mr. Findlay represented defendants. ■: , - ' ' POSSESSION OF TENEMENTS. . Judgment; was given for Mary Walsh against Mary, McNab for possession of teiie-. ment and rent, £14.135. and costs;£l 15s. 6d.