THE COURTS—TO-DAY.

Evening Star, Issue 4898, 12 November 1878, Page 2

THE COURTS—TO-DAY.

RESIDENT MAGISTRATE'S COURT,

(Before J. Bathgate, Esq., R M,)

Feger v. Grimmet.—ln this case, heard last week, his Worship now gave judgment, Sfiyiug that for an action of this nature the plaintiff must make out a strong case before he could succeed in establishing liability against the defendant for the carelessness of his son. In this case he was of opinion that the plaintiff had failed. In the first place the plaintiff contributed to the accident by putting the drum of kerosene in 3uch an awkward and unusual place as the top of a bag of lime. Secondly, the lad in taking down the oil at the request of Mr 'Kegel* was not performing an act strictly within the scope of his father's employment. In the third place he was not cautioned that the lid of the drum was insecure. He took it naturally by the handle, and when lie had almost got it to the floor the lid came out and the oil was spilled. Under the whole circumstances, his Worship did not think any liability could attach to the defendant. The damage to the floor of the washhouse had been made too much of, and the action ought to have been in the name of the trustees in whom the prr perty was vested. The plaintiff would be non-suited.

Judgment was given by default in the following cases, with costs :—John Scoble v. Owen M'Laughlin, L 4 15s Gd; H. A. "Walter v. W. P. Hoffman, L 3 12s Cd; Patrick Carroll v. Charles Williams, L 8 lis. James Ross v. George Fraser.—Claim, Ll7 2s. Mr Denniston appeared for the plaintiff; Mr A. Bathgate for defendant. The plaintiff was nonsuited. CITY POLICE COURT. (Before J. Logan, Esq., and W. Barr, Esq. —Mayor of Mornington J.P.'s.) Drunkenness. Mary Henry, for this wffence, was fined 10s and costs, in default forty-eight hours' imprisonment. Alleged Wife Desertion. George Stokes was charged on remand with deserting his wife and five children. Prosecutrix not being desirous of pressing the charge, as her husband had given her money since the execution of the warrant, the case was dismissed.

Larceny as a Bailee.—James Corbett was charged upon an information laid by Sergeant Anderson with being suspected of the larceny as a bailee of four ladies' gold rings, the property of one Bertha M'Donald. Accused pleaded not guilty.—On the application of Inspector Mallard, who explained that the offence was alleged to have been committed in Melbourne, and that the accused had been arrested in virtue of the Foreign Offenders Act, of ISG3, the accused was remanded for a fortnight, bail being allowed himself in LIOO and two sureties of L.">o each.

Pnoi-'A^TiTY. —Rosamia Margvic, for using profane find indecent laugn;.''.:;": in Stuart .street, v.w lined 20s and"" t.o:-jto, in default i'-ic ii!ii'if-h" ■ iinpri;«.ii'iient lard labor. .Jo>.l •...'oeiifaij..-; wa,.; vrijrgefi u:l two ivifo'-;n:i • fcioj.isvit,h n.s'iui; (,I;j:l\.iic lan.euc";c in ;:a.". ; '- btreoL. Mr E. Cook appeared ior v\e accused, who he stated bad left tho tovd iu accordance with a promise made to the Bench on the last (iconsion he was brought before them. Ho presumed the police would therefore withdraw the charge,—lnspector Mallard added that there had been a tacit understanding between the Bench and Cochrane that he was to leave Dunedin. He, therefore, asked that the charges might be temporarily withdrawn, so that the accused might be brought up if ho returned to town. —The charges were withdrawn accordingly.