MAGISTRATE'S COURT.

Dominion, Volume 2, Issue 549, 2 July 1909, Page 9

MAGISTRATE'S COURT.

, (Before Mr. W. G.'Eiddcll, S.M.) "a one-minute sitting. i The police cases at tho Magistrate's Court yesterday morning were disposed of in record time-one minute. Annio Evans, with two previous convictions ngamst her name, pleaded pnilty to a chare* of being found m a s ate of helpless dmnkonness—so bad that"she had to rocerre- medical attention,. She was convicted imi' fined 205., in default sevon days' toprisonin«nt. Two first offenders woro convicted and fined 55., in default 21, hours' imprisonment. CIVIL BUSINESS. , (Before Dr. A. M'Arthur, S.M.) '' UNDEFENDED CASES. , '. / J Judgment for plaintiff by defanlt of defend- ' ant was given in the following undefended cases:—Scoullar and Co., Ltd., v. Chas. H. Williams, £9 193., costs 235, 6d.; James Smith and Son v. Terry M'Hahon, .£6 Us. 9d., costs Bs. J Te'Aro House v. Win. Johnston £i 53. 6d, '' ■ cc4ts 10s.j Chas. Thos. Brown, Thos. Beaumont ! Dwan, Frank Thoe. Moore v. David Martin, 18s, costs 55.; Wellington Gas Company, Ltd,, J 'v. Percy Greenwood Taylor, Us., costs 125.; P. Haymm and Co. v. Wm, Henry Frankpitt, Ml 13s. 9d., coste i!3'l3s. iCd.; Balhnger Bros. v. Edward J. Falkinor, .£IOB lls. Id., cos.ts *ei 55.; B, N. Nation v. Ethol'Cunningham, .£5, costs £1 os. 6d.; Barber and Co. v. John I T. Shipton, £i Us 2d., costs ilj Bacon's Aorated Water Company v. Albert Thos. Almond, £1, costs .£1 3s, 6d.; Empire Loan and * Discount Co., Ltd., t. J. Andrews, J225 2s. 5d., costs, .£2 193.; Vmoent Dentice v. Henry Wil--5 liatoson, £1 Bs. 7d., costs 7s. JUDGMENT SUMMONS CASE. *', In tho judgment summons case, Joseph Andrews v. Eeginald Wetsby, a debt of XJS 12s. , l lid., debtor was ordered to cay on or , before July 15, in default dne ninth's imprisonment. In the case Wm. Pearto v. Wm. Wakelin, a debt of £9 os. 6d., debtor was ordoied to Say on or before July 15, in default seven ays' imprisonment. , No order was made in the >caso Frederick , Clarke t. George Logan, a debt of £2 18s. EESEEVED JUDGMENT.. , ; f , ' ' , CLAIM (FOB DAMAGES. Reserved judgment was delivered by Mr.'W. ; G. Eiddcll, S.M., in the case Jcnn«S3 v. Powell, a olaim foT £28,128, for damages caused to plaintiff's stock and shop, eituated at Main Hutt Eoad, by defendants horse and cart. Plaintiff alleged negligence on the part of defendant in permitting his servant to work a horse which was physically unfit to draw a load then imposed upon it over that part, of the, Hutt Eoad, near plaintiff's placo'of busi--1 ness. ' Defendant denied that the. horso. was physically unfit, and 6aid that the damage -was due to the intervention of a circumstance over which he had no control. ' The evidence in the case, his Worship stated, showed that one of defendant's horses was drawing a cart containing an ordinary load up an incline near plaintiff's shop. When about 15 yards above tho shop a child ran in front of the horee, and lEe driver stopped , • to avdid injuring the child. After stopping, ' the horsinras drawn back by the load, and this continued until tho cart camo in contact with the shop, causing the damage complained of i His Worship held that the weight of evidence • pointed -to the horso being unfit' to draw tho load up the particular incline. Authorities on. the case were to the, effect that a person was liable for damage caused through defective tackle, and the same .result would follow in tho case of damage paused by 'an i owner' using a horse suffering from weakness or excess of spirits. ,Th« arguments of conneel for the defence (thabth* acoideat was due to, the intervention of a cause over which defendant had no control) would only bo effective if d*f«nd»nt showed that, under the circumstances, he was guilty, of no other act of " negligence, and defendant had failed to show i this, . judgment would be for plaintiff for j!22 fis., and costs £b 13s. Mr. Peacock ap» - pearcd for plaintiff, and Mr. Hindmarsh for ' defendant. »