MAGISTRATE'S COURT

Dominion, Volume 11, Issue 39, 9 November 1917, Page 9

MAGISTRATE'S COURT

CLAIM FOE COMPENSATION. Iu the Magistrate's Court yesterday, before Mr. W. G. Riddell. S.M.. Harry Lindale, labourer; for whom Mi-. I'. J. O'Kcitan appeared, proceeded against Ernest Samuel Knieht, contractor, represents cd by Mr. T. Nc-ftve, to recover the sum" of £73 6s. Ad:, by way of coDipciisaton, iriedical expenses, and' general damages, for injuries l'oceivcd whilo in the defendant's employ. Mr. 1?; J. O'Begah stated that in'the course-of his' eniproyriient plaintiff'was standing oh the scaffolding erected 'foithe purpose of carryibe bill his work in cotlnecMbn'; with thii construction of a ward «,t the Welliiicton Hospital. While bo engaged a plank broke'and liindalc w ».3'- precipitated to the' ground,' a,-' dialj»nce of 23 feet. By rcasou of the accir dent Lindalo Bustaiucd injuries to hia neck and his right shoulder. . The acoidout occurred on August 11, 1917, and plaintiff was unable to undertake any work until October 27,1917. The accident was alleged to have been caused by the defective condition, of the scaffolding, and it was further'alleged that the 'defendant: .Qiad failed to cary out his- duty as required by the Scaffolding and Inspection ' Aot, 1908: ..■'.'. •;".■ For tho dofenco- Mr; Jfeave contended that the. plaintiff .himself was entrusted with tho duty of erecting the Bcaflold, and that the planks had already Been'tested on the scaffold. The defendant claimed that if tho plank proved'defective, then the defect could not have been reasonably discovered,, and' the' matter was" an-in-evitable and unavoidable aocident,- and that all compensation had been duly paid. .After hearing-'evidenco trie Magistrate reserved-his decision. '■'■■••' -'"'" UNDEFENDED CASES. . Judgment was given for plaintiff by default iu the following cases:-J.. Priestley v. 0. "M;Badham, £t145.5d., coat's 10s.: Ooodyear -Tyre; 00. v. Bernard Byrn, ■ £40 11b. "6d.i- costs.- £2 14b. ; Gaetano •Yadala,- v. John "Eyan, ■ 10s.: costs only;. Thompson Bros,, Ltd., v. H. Lewis, £27.95. lod., costs £2 145.,-.Lb Grove Typewriting Co. v;-H. J. Doherty, £4 14s, 8d„ costs 10s.; Robert Martin, Ltd.,, v. Walter Codd, £10 175.. costs £2 Is.;-Samuels and Kelly, Ltd., v;. W. Corcoran. £U'6s:'9u.; costs £1 10s. .6d.: Wright,.Dixon and Witt v. (?.■ V. • Graham, £5 6a,-Id., costs £1 3s. 6d.; Hirst- and Co., Ltd.. v. A. H. Scott, £7 14s. 4d., .-costs £1 3s'."6d'.i A. arid T. Burt, Ltd., v.. .1.. D. Scott,'£B 18s. 2d., costs £1'35.6d.; D.1.0. v. Miss N. Hill,- £8 6s. 9d., costs £1 3s. 6d.; Voitch and Allan v. David Anderson, £2 Us. Bd., costs 10s.; Vacuum Oil C 0.,. Ltd., y.-S. P. Mitchell, £40 85, 7d., costs £3 25.; same v. J. Fisk, 19s. Bd., costs 55.; Osmond and Son v. G. E. Hindi, £, coats £1 os. 6d.; Oscar Jacobsen v. John Jepson, £2 '25.,' costsl 10s.; same v. .Mrs, L. Siaimonds, £3 7s. 6d., coats 10s.; Mrs. 8. Johns v. O. H. Snow, £8 4s. Bd.. costs '£1 3s. 6d.; Commercial Agency, Ltd.,-v. William Halt, '£184 7s. 10d., cost'B £8 25.; same v. ' J.' T.' Flynn, £15 3s. 9d., costs £1 103. 6d.; W. Kineey v. L. Ponpleton, £1 25., costs 75.; A. A. Oaraon v. \V. Tinnoy, £20 Bs. 10d„ costs £2 155.; John Duthio and Co., Ltd., v. A. Kale, £3 55., costs 9s. ■

OLAIM FOK POSSESSION. John James Boyd, builder, for whom Mr. T. Neave appeared, proceeded against 0. B. Butt and his wife, represented by Mr. V. J. O'Eogan, for possession of premises and £5 9s. 6d., arrears of rent. The case was partly heard and adjourned to Tuesday. . . CLAIM FOE DAMAGES. Before Mr. 8. E. M'Cartny, S.M., Winifred B. D. Eist proceeded against Oscar Johnson, of Clyde Quay, to recover £a 10s., for damages caused as the result of an excavation carried out by defendant on bis property which adjoins plaintiff's section on Glydo Quay. Defendant counter-claimed for £1 65., the cost of the material for a dividing fence between the properties, which it was alleged plaintiit had agreed to pay. After hearing evidence judgment was given for plaintiff for the amount claimed, with costs, andon tho counter-claim judgment was given for defendant for 7s. 6d., with 3s. costs. Mr. J. Scott appeared for the plaintifl, and Mr. J. M. Dale for tho defendant. OTHEB OASES. Judgment was given for plaintifl for the amount olaimed and costs, iu the caso in, which Michael Tracy, bootmaker, proceeded against Mary Ann Higgins to recover 16s. 6d„ the cost of a, pair of boots. The defendant swore that tho account had been paid. Tho Vacuum Oloaning Company proceeded against Mrs. H. D. Howard to recover £2 ss. for cleaning premises. After hearing evidence judgment was given for plaintiff for tho amount claimed with 10b. 6d. costs. Mr. B. 0. Levvey appeared for the plaintiff, and Mr. T. Neavo for the defendant.