MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1005, 21 December 1910, Page 3

MAGISTRATE'S COURT.

"(Ecfore Dr. A. M'Arthur,. S.M.) RUGBY UNION TO PAY, FLOOD WATER AT THE PARK. Judgment was delivered in tli.o case in ■ which Walter Houldsworth, cordial manufacturer, of Waripori Street, sued the Wellington Rugby "Union for .£4O damages to premises by 'reason of. the fact that on August' 27 last a. quantity of rain water ''which had accumulated on the Athletic Park had been diverted .by defendant's servants thereby causing it to flow upon the plaintiff's land, and to enter his lioum. By reason of such act '.it was alleged plaintiffs house and certain furniture and clothing were .damaged, the soil below plaintiff's house subsided,'' and plaintiff was for a time deprived of the use of one of the rooms. ' ■ After reviewing authorities, the .magistrate said: "As the present case appears to liie, a very-large quantity of rain fell, which, caused an accumulation of water on. the Rugby Union's land. The Rugby Union was desirous of using'that laud at the time, but could not do so if it allowed the water to remain. /In order to get rid of tho water it did something which, in my opinion, brought tho injury on plaintiff. Under those circumstances it seems to me that that body.is liable. ... I consider, however, that the amount claimed is excessive, and am of opinion that a fair and liberal compensation would bo £17 4s. 'Gd." , . ' Of this . amount XG 15s. was apportioned, to the tenant, and the balance to plaintiff, the usual costs being allowed. Mr. M. Myers appeared for plaintiff, and Mr, A. L. Herdman for. defendant. INJURED HORSE NEGLECTED. Reserved judgment was delivered in tho case in winch Walter Whiting, stable proprietor, _ of Wellington, claimed ,£2O Irom F. Richardson, contractor, of Wellington, as value of a horse, hired from plaintiff by defendant, which died as the result of injuries received aud alleged neglect, while in the' care of defendant. The magistrate held that the animal "was neglected and not attended to as it ought to have boon by the defendant."' Judgment was .accordingly given for plaintiff for .£lB and costs, air.- Buddie appeared for plaintiff, and Mr. P. W. Jackson for defendant. . . '. " ". RESULT OF. A COLLISION. ' , Townsend .and Paul; merchants, of Wellington, sued H. limits and Son, carriers, of Wellington, to recover the sum of XG SS.- Cd. as. damages for injuries to plaintiffs' property in Willis Street, resulting from a collision of defendants' cart wiili a voraudah post".on-July 5 last.' Mr. P. W. Jackson appeared' lor plaintiffs and Mr. T. Young for defendants." After heaving evidence the magistrate gave judgment for plaintiffs for the amount claimed, with costs <£3 2s. 1 WEARING APPAREL.DETAINED. Decision was reserved in the case in which Frederick C. Eraser, clerk, sued Frederick Dobson, licensee of the Masonic Hotel, claiming recovery of wearing apparel, etc., alleged to be wrongfully detained, also XG (is. 9d. as damages for tho purchase of clothes alleged to have been rendered necessary by plaintiff's act, also X2O general damages. Mr. E. C. Lcvvoy appeared for plaintiff and Mr. Gray for defendant. , • : UNDEFENDED .CASES. Judgment, by default was 'given for plaintiffs in" the following undefended cases:—Robert Kilpatrick v. James Foothead, X 2 Is. 3d., costs 145.; Whitcombe and Tombs,. Ltd. v. Frank -Morton, - <£2 19s. 3d., costs IGs.; E. W. • Mills and Co., Ltd.' v Joseph A.* Prince, M. 17s. ■ 7d.. costs .£1 7s. Gd.; Robert Joseph Coveney' v. David Mason,' «£5, costs ,£1 os~. Gd.; Dalgeiy and Co., Ltd. v. Sydney John lioulton, ,£G -18s. 'Jd. f costs XI 17s. Gd.; Alcock ' and Co., Ltd. v. W. Uensleigh,. £2 ■ 135., costs 10s.; May Glad-stone v. Thomas Healing, £7, costs £1 15s. Gd,'; W. C. R: Gardener v. Ernest Edward Edmunds,.£l Gs.,-costs lis.; W. Littlojolin and Son v. Arthur Mitchell, XI 10s„ costs 55.; Dresden Piano Co., ■Ltd.-v... Win. Bevan, Xl 5 12s. 8d„ costs Xl-'lGs. Gd..; Ellison and Co. v. Son lvirkus,.X2 i.Gs. Gd., costs 125.; Elizabeth ■ little v. Robert Jenkins, £3,- costs 10s'.; 11. W. Davies and Co. v. Michael Hallilian, Xl 2 18s., costs XI 10s. Gd.; H. Heimaun v. 11..K Norling, £'2 2s. Gd., costs 10s.; Walter'James-Udy, Charles Udy, and Eva ltowse- v. Ernest Win. Dwyy, XI 2s. Gd., costs 55.; Smith and Smith, Ltd. v. Frank Fulton Cameron, X 3 4s. 3d., costs 135.; James Russell v. Stephen John : Smart, XI -Is. Sd., costs-. 10s.; J. Myers and Co. v. W. F. "Hall, X 11.25. Gd., costs XI 10s.-Gd.; G. Hardt and Co., Ltd. v. Gilbert Alexander Craig, X 4 IGs. lid., costs 125.; Searle, Joy, and Co. v. T. H. Wolfe, X 3, cost's Gs.; P. F. Gunner v. Alssander James, X 5, costs XI os. 6d.; C. Falk- v.

B. >J. Roach' 'and Co., ~£2 13s. 2d., costs 10s.; John Norton v. William J. -A.viisle.v, £7 is., costs ,£1 3s. Cel.; Hniitli unci .Smith, Ltd. v. Kdmiind. Greenwood, ■£!! IS>. 7d., costs 10s.; David Jlilligan v. M. £1 (is., costs as.; P. Mackin v. Ethel M;iy Towner, 10s., costs XI 10s. lift.; Slaria Thornton v. Alfred John Jlnrt, .£2 3s. (id., costs 10s.; J. T. Lyle v. E. Glaurillc Hicks, .CI 7s. Gd., costs 10s.

JUDGIIENT SUMIIOXSES. James Broclclohurst was ordered to pay JD3 ss. Gd. to Henry Savage, on or before January 4, I'jil, in default three days' imprisonment. Frank Wilkinson was ordered to pay £6 ss. Gd. to E. O'Neill on or before January 4, 1911, in default seven days' imprisonment. In tho case of A. B. .Barnes v. Wm. Farrelly, a claim for ,E7 Ms., defendant was ordered to pay the amount on or before January 4, 1911, or undergo seven days' imprisonment. 11. 11. Knislit was ordered to pay o£G lis. to the Silverstreaiu Brick and Tile Company on or before January 4, 1011, in default seven days' imprisonment.

POLICE CASES.

(Before Mr. W. G. Kiddell, S.M.) SHOPLIFTER FINED. ; Elizabeth H'Caskill, an elderly woman of respectable appearance, pleaded guilty to theft of a lady's skirt, value ,C 1 12s. Gd., 'the property of George and Kersloy. Sub-Inspector Norwood stated that accused and her daughter were seen to enter George, and Kersley's shop on Monday, and as the firm suspected accused, a watch was kept on her movements. She was observed to pick up the skirt and place it under her coat, and onn of tho firm's employees then accostcd her. As the woman refused to give her name, the police were sent for. and accused was taken into custody. This was her first appearance beforo the Court.' Mr. P. W. Jackson, on behalf of accused,' stated that she had no excuse to offer, other than that she was overcome by sudden temptation. Slio was a hard-working woman, and was very sorry for what she had done. As this'was her first appearance beforo the Court,. and as she had already suffered to a certain extent, counsel asked that, leniency 'be extended to his client. A' fine of 40s. was imposed, the alternative being-seven days' imprisonment. BEGGING IN MANNERS STREET. Herbert Anderson, an able-bodied man, who had been found begging in' Manners Street, pleaded not . guilty to being an

| idle and disorderly person. lie was defended Jjv Mr. 1\ \V. Jackson. Accused, who did not give evidence oil liis own behalf, had' previously been convicted on a similar charge. He was sentenced to three months' imprisonment'. ALLEGED ASSAULT. Patrick James Griii'en, for whom Mr. C. li. iJi appeared, pleaded nut guilty to a charge of unlawfully assaulting Patrick U rattan Warren in -Manners Street oil -Monday last. .Evidence for the prosecution was to the ell'ect tlgit "Wjirren, who was under the influence of liquor at the time of the alleged assault, had boon picked up iu an imconscions condition after being struck by accused. In the witness-box, AVarrou stated that the affair was probably as limch bis iaViU as tin, Ten's. Mr. l)ix submitted that there was 110 ease to answer, but Ilia Magistrate was not prepared to accept this view, and the case Was adjourned until this morning, to enable witnesses for the defence to be called. THE INEBRIATES. Ellen Elizabeth Ilewat, charged with breach of a prohibition order, was fined •Ms., in default fourteen days' imprisonment, On a charge of drunkenness the same accused was ordered to pay 7s. Gd. cab fare, or undergo' twenty-four hours' imprisonment. Thomas O'Brien, against whom there were twenty-nine previous convictions, pleaded guilty to a charge of insobriety, and was fined Ills., in default forty-eight' hours' imprisonment. One first-offending inebriate was lined 55.. with the alternative of twenty-four hours' imprisonment, and another iirsfc offender, who did not appear, was fined 10s., the alternative being twenty-four hours' imprisonment.