THE COURTS-TO-DAY.

Evening Star, Issue 7290, 15 August 1887, Page 2

THE COURTS-TO-DAY.

RESIDENT MAGISTRATE'S COURT. {Before E. H. Carew, Esq., R.M.) Judgment was given fop pjajptiffs by default in the following cases:—J. M'Kerrow v. H. Richardson, claim LI 15s, money lent; Bing, Harris, and 00. v. P. Cornish, LlO 19s Bd, for goods supplied ; Official Assignee (in iho estate of T. tow) v. b\ O'Donnell, U8 lis i).i, for goods supplied. G. I alley v, F. Jones—Claim, 14 9s Gd, for board and lodging and money lent, Mr Thornton appearod for defendant, for whom judgment was given, with ccsts. Re Dickison v. The Mornington Tramway Company.—Claim, Lls, damages for injuries alleged to have been caused to plaintiff's house by smoke and steam from the defendants' engine-house. In this previously-heard caße jjis Worship now gave judgment as follows r It is npt disputed that defendants had a statutory right to use a stationary engine. The plaintiff's case >s that the chimney was not sufficient; that the sttam pipes were not proper ones; that the coal used was of ft description that caused an undue quantity of smoke; and that the manner of feeding the fires tended to unneces arily increase the sinoke. There is no doubt the smoke and stgam did create a nuisance, and there was some real pecuniary 4»?n»g e 5 Dn * ,n the rase before me I have simply to determine whether the nuisance has been caused by the negligent use of a statutory authority which the plaintiff does not dispute does exist. The odlv evidence on this point in support of the action \» that of plaintiff, who has no particular qualification in these matters to give any special value to his opinions. On the other band, two of defendants' witnesses are experts whose opinions are directly opposed to those of plaintiff, and they give me to understand that the chimney and other works and appliances are suitable, ordinary, and proper ones, aud that it is not practicable to prevent the nuisance of smoke and steam complained of. With regard to the coal used, it is of the usual description, and the witness Eunson said that the fires were fed in the usual and proper manner, tn the woe of that evidence, all I can say is that negligenoe is not proved, and judgment will he given for defendants, with oosts,-Mr A. Bathgate, who appeared for plaintiff, gave notice of appeal. Campbell and Livingstone v, Henry Guthrie. —Claim, L 6 Is od, for groceries supplied for the s.B. Shag. Mr Thornton appeared for plaintiffs; Mr Sim for defendant.—Judgment was given for plaintiffs, with costs. James Campbell v. John Colvin. -Claim, LBO, damages for an alleged assault by defendant. Mr P. R. Chapman appeared for plaintiff} Mr Stewart for defendant. [Left sitting.]

CITY POLICE COURT. (Before Messrs H. Gsurley and J. D. Feraud, J.P.s.) Drunkenness.— John Cotkrell was for this offence fined ss, in default twenty-four hours' imprisonment. Driving Cattle at Illegal Hours.— Thomas Richards and Peter Watt wore charged with driving cattle, within the City boundaries, at an illegal hour.—Mr Gourley said the Bench were doubtful whether the by-law was intended to apply to quiet cattle, but as it read it meant all cattle.—'The defendants would each be fined Is, without costs. •

The Impounding Oudinanob. Margaret; Tierney was again charged at the instance of Wiljiam Lloyd with failing to receive one horse taken to thp Sogfch Dgnedin pound for the purpose of being impounded. l|r W. A, Sto»fc fop the defence urgod that tbo defondapt waß repeatedly brought before the Court bj the com-' plainant because Bhe had superseded him as pound-keeper.—The Bench, in dismissing the ca3e, said that complainant had no authority forj impounding the cattle,' or if he hdd he had' neglected to prove his authority. Another! ground for dismissal was that the notice served on the defepdant was not signed, and iff it» Llojd claimed for sustenance instead of for trespass.—Mr Stout ,'aakedi that defendant be ! ordered to pay professional costs.—MjrQourlev: \ We are not "disposed'to'allow costs. At the same tuiie, tliese.casesjappear to savor mm of persecution "than to merely vindioato $e law, * : •'" "

In the Cambridge MathematicaliTripos, of 117 candidates 107 obtain honors, i Fivtfare allowed an ordinary degree and «three,ex-, cused general examination. Eleven women also obtain honors.