CIVIL CASES.

Dominion, Volume 1, Issue 196, 13 May 1908, Page 4

CIVIL CASES.

(Before Dr." M'Arthur, S.M:) ' .! { j!)a<rfaulli was given in, ih"e ; . .following civil cases Peter M'C.ardlo v. Alick Mikoz, claim £3; 125., "dosts "17s. jH.-: Osborne, and Company v. Annie Cooper, £4 ,Bs. -GdJi.andTfCoats. 12sr.; Empire Hotel, 1 Ltd. v. Bs. 6d. and costs,,£2 .:14s;v "Wil]iam .v. Henry B. Cole's, £6 d|s>,B(K'' «M c'osfs .tfilVVs.-'' 6d.'; S.;'Luke and Cp.,*Et|. yi«W. lli;nney r £14.135. and costs £1 'I6s.'i6d'3; Hi* Osborne aiid Co. .v. ,Georgo E'oek,'£4' and: costs 10s.; Sarah Anno George ! v. J John Pauling, £10 7s. 6d. and costs £l-14s. 6d.; B. and :E. Tingey and Co., Ltd. v. VAlfrsK :£l3f 17s. 63. and costs''£l Jos;.;6d,^r : ' Justinian John Kivern£30 16s. 6d. and costs £2 17s. ;,: Perry Harrison and Co. v. "Georgo A. Nisbet, £9 12s. and costs; £1( 3s. v.' Edward Bevan,' juri.,- > f£ll' ! Jl's:;6d. and costs £1 16s. 6d. ; J. Staples --'and Co., Ltd. v. William Dickson, £97 ; 12s.' aud costs,£4 .1!3.5'46 > d..; Douglas Smith Patrick ; ..fcf 'Ajrra'.'atfd Co!, V£l3;ss.': and costs -M '-lOs. 6d.; Stewart Timber, Glass and ■-Hardware:Co.,(jLt-d. v. John Gunn, £38 13s. 3d."' andr'cosfc-i." £2'J,-fs.

JUDG^ T T SUMMONS.

-In . the ; jndgpfpnt summons, Matthew Mackay, assignee of' J. Stratford and Son, if. Jackson Binning, a claim for 1 £3 i 65., defendant was ordered to' pay the amount on or before May,26, in default three days', iin;pHsoriirient;;,"'.;™'™ ' ■' -

'HOTEL EXPENSES. '

I Mercantile. and; Agency Co. ! anil JohiC 'li, 1 Uevendge and Ambrose Hurn, Jacobs, "a commercial traveller, to recover; £15:2s!'' lOd. for lodging at 'the Grand Hotel. ■ Liability for £13 175. ! 10d. of HH6.:olaim ; 'was''adihittetl and paid.into Court; the remainder was claimed by tho defendant as/a -commercial' .'traveller's privilege. i JiJJudgmGnt iwhs given, for/plaintiffs for the difference,with' costs amounting t<s £4 r ls.,Mr. Jjevvey apepared for plaintiffs 'a'nd'-'Mr'.'-'Barn'ett for defendant. •

1 ■ ' ' -A DOG BITE i> ii AWARD .OF DAMAGES - A fclaim I 'tor '£50, for injuries received, \yijs brought, by Harry White, a minor, by his nest friend, Henry White, against Robert Paterson,- the owner of a dog which. it ■ ;.si;as: bjtten plaintiff.;. ' i. ', v Mr; (:/ &{dmaji r ,'ai>peared for plaintiff and jilrlWflson : -tor' defendant. ••. > ■J 'Mr. tMerdmaii explained that ; the lad' visited, defendant's house oil April 4 and assisted a. milkman to deliver the milk. The boy took'the milk in a can round to tho hack door, and in a passage leading to the back yard he saw a bull terrier on a mat, and, a;s;;;ho ; -pa£5ed, thejdog growled at him. Mr.•Patersojfr took t!i|, milk from tho lad, and as';, tliollaiiter- roiurhed, tho dog sprang at him 4n'd''caught'liim by the lip and hung on till Mr.: Paterson came to the resiue. : :Whi<s'?was taken into tho house, and Dr. Gilmer was called in. The plaintiff thought that he was entitled to compensation. • In his evidence,..tho lad said that ho gave tho dog no-provocation. Medical evidence was to the offect that the boy would always bear a mark. The boy's father, stated that his son had been sickly ever since the incident, and it 'had' iiitei'fered'witli his sleep at night. If Ji&d .-been destroyed, , the present •caso-woiild-nothayo been brought; witness iwas- afraid of-hydrophobia.. ' ? (Mrl AVilson pointed out; that':the- value rf 'tlio 'dog was £500| and it; \vas''tob valuablo to be/,' destroyed,- as roqnestcd' fiy tho 'boy's father.' . I' . Defendant saicl that the. dog followed tho 'boy . .along th'Cpassago quiotly.:?' After tho boy .delivered '.yie - milk and was; returning, .jWitijtjss . saw tho ; dog spring '■ at him and seize him: Witness pulled >tho'-' dog off, and ihe' noticed tliaKthe boy's, mouth/was bleeding.' . _ : -. : 'Ilis Worship.' held that tlio man who kept such a dog shbiild bo prepared to fnco his responsibilities, Vbiit at, the same timo £50 was an excessive, claim. Judgment was given for £20 damages and costs £4 l(ia»

i 1 ' MISCELLANEOUS,. ; -./ A claim for £5 7s'. for the cost of furniture retained by defendant.and damages was brought by Ciarlotta Treadwoll 1 against Peter M'Caho. Judgment for plaintiit' was givpn for £3 75., with costs Mr. M'Grnth represented plaintiff. A case between Page and Anderson, through the Dominion Mercantile Agency Company, and W. A. Cottle, on a claim for £14 12s. 9d. for cattle grazing, on plaintiffs' property, at. Silverstroam, was heard. Mr. Lovvey appeared for plaintiffs, and Mr. Jackson for defendant. Judgment was given for plaintiffs for £5 with costs £1 Gs. (Before Mr. W. G. Riddoll, S.M.) AN ADVERTISING CLAIM. A claim for £2 10s. on a placard advertisement was the subject of an action between the Wellington Automatic Advertising Company and the Wellington Cleaning Company. Mr. Lcvvey apnearod for plaintiff, and'-Mr. Kelly for defendant. Mr. Kelly , asked . for a non-suit on the grounds that the. contract had twelve months to run, and that a difference in. advertising space was made from what was arranged for. His Worshipconcurred, and non-suited plaintiff ~ with costs £2 19s.