DAMAGES AWARDED

Evening Post, Volume LXXXVII, Issue 35, 11 February 1914, Page 8

DAMAGES AWARDED

FOR ASSAULT. An interesting civil action was hoard before Mr. E. W. Burton, S.M., at the Upper Hutt Magistrate's Court to-day, when George Samuel Phillips, farmer, of TCaitoke, proceeded against James Judge, bushfeller, to recover the sum ot £10 as damages for an alleged assault. Mr P. W. Jackson appeared for the plaintill', and Mr. A. 11. Ilhidmarsh for defendant. The evidence showed that a dispute had arisch between the parties over tho removal of certain timber and the upkeep of a road. Plaintiff asserted that when he spoke about the matter to defendant,' the latter > made" the remark : "You want a smack in the nose,' 1 to which Phillips replied that he wanted to settle things in a more peaceful manner. Later Phillips abked Judge if he would do anything to the road, and the latter replied in tho negative. After further words between tho two, plainti/l wad knocked down through receiving a blow on tho face, which also dislodged one of his teeth, in answer to counsel, Phillips stated that an agreement had been drawn up between the parties, but never signed. was also given by Charles Kilburn, labourer, of Kaitoke, and Dr. Kemp, the latter of whom attended to plaintiff's injuries. James Judge admitted that he had struck Phillips. He alleged that hp had been provoked considerably, _ and had struck plaintiff to keep him quiet. Mr. Hindmarah submitted that plaintiff had been determined to have a row. As to tho legal ' aspect, he maintained that plaintiff had failed to' pi'ovo that he was entitled to any damage, except to doctor's and dentist's fees. The Magistrate decided that the charge had been clearly proved. Judgment was given for plaintiff for the euni of £5, with Coutt coßts £2 17s.