THE COURTS.-TO-DAY

Evening Star, Issue 11682, 14 February 1902, Page 4

THE COURTS.-TO-DAY

SUPREME OODJCL-IN CHAMBEBS.

(Before His Honor Mr Jrafcice WTfliamM Caroahan v. (he Mayor, etc, of the Borough of North InvercorgflL—ln this case, argued in Banco, His Honor gave judgment as follows: —The defendant borough had tie power to place a heap of gravel on the road for the purpose of metalling it. But if it exercised that power it became its dirty to the public, and to the plaintiff as one of the public, to place the gravel on the road in such a situation that it would not be likely to be dangerous to persons passing. The defendant cannot get rid of that duty bv exercising its power through an independent contractor. If such a contractor is employed to place gravel on the road, and he or his servants negligently place it in an unsafe place, and an accident happens, the defendant corporation is liable. And it is liable because it has committed a breach of the duty which it imposed on hi if it places a heap of gravel on the road of placing the heap where it would not be likely to cause injury. It was the duty of the defendant, by its servants, not only to tell the contractor to put the heap in a safe place, but to see that it was put in a safe place. This was not done, and it was in consequence of this not being done that the accident happened. I think the above is the principle to be deduced from Pennv v. Wimbledon Urban Council (1898, 2 &8., 212; 1899, 2Q. 8., 72), and the authorities referred to in the judgments in that case. The appeal will therefore be allowed. Judgment for plaintiff. Case remitted to magistrate to assess damage and fix costs in the Magistrate's Court

Probate was granted as follows in the estates of the under-mentioned deceased persons:—Walter Guthrie (Mr Sim), James Macdonald (Mr Sim), Catherine Shepherd (Mr Wateon). Ro Jane Reid, deceased.—Motion for letters of administration, and that sureties be dispensed with (Mr Hosking).—Accordingly.

Re Jessie Fraser, deceased.—Motion for commission to administrator (Mr Hislop).— Referred to the Registrar for a report. The Commercial Property and Finance Company v. the Gore Electric light and Power Syndicate.—Originating summons (Mr Woodhouse). —Order in terms of minute.

Re Peter Laing, deceased.—Petition for directions (Mr James). —Accordingly as suggested. Re Charles Humphries, deceased ; Rowse v. Humphries and others.—Originating summons (Mr Macalister). —Order as prayed; costs of all parties out of estate to be fixed b- Registrar at Invercargifl. Re the Companies Act and re the Colonial Hardware Company.—Motion that debts and claims be allowed (Mr Woodhouse). —Accordingly. Re the Companies Act and re the Southland Farmers' Implement and Engineering Company. —Motion that debts and claims be allowed (Mr Woodhouse).—^Accordingly. Re the Companies Act and re the New Zealand Pine Company.—Motion that debts and claims be allowed (Mr Woodhoofiejw— Accordingly. Re William Johnson Wright, a bankrupt —Motion, that costs be paid out of estate (Mr W. L. Moore).—Bankrupt to stand in the same position as to costs subsequent to adjudication as he would have been if ho had been adjudicated on his own petition with respect to coste subsequently incurred. Re EEza Hannah Gow, deceased.—Motion for regrant of probate (Mr Allan)..—Accordingly. Re the Companies Act and re tie Golden Channel Gold Dredging Company.—Summons to amend fist of contributors.—Mr Woodhouse appeared in support of the summons, and Mr White on behalf of the liquidator to oppose.—After argument His Honor gave judgment allowing the summons, with costs (£3 3s). Foley's Extended Gold Dredging Company v. Cutten Brothers and Faithful— Summons to strike out proceedings in respect to Faithful on the ground that the Supreme Court had no jurisdiction, the matter being within the jurisdiction of the Warden's Court on the West Coast; or in (hi? alternative that the plaintiff company be willed upon to give security for the defendant Faithful's costs in the action. Mr W. C. MacGregor appeared in support of the summons, and Mr Solomon and Mr Woodhouse to oppose.—After argument His Honor held that it would be premature to si rike out the proceedings for want of jurisdiction. The proper time to raise that point would be at the trial, when the question could be decided. He accordingly made no order in respect to that portion of the summons, but ordered that plaintiff should find security for the defendant Faithful's costs.

MAGISTRATE'S COURT. (Before E. H. Carew. Esq.. S.M.) Judgments were given in each of the following cases for the plaintiffs:—Brown, Ewinsr, and Co. v. W. M. N. Wederell, of St. Andrews, for £6 13s lid, for goods supplied, with costs (£1 15s 6d); Drapery Importinrr Company (for whom Mr Moore appeared) v. J. Thomson, of Pnkenri Junction for £1 3s 4d, with costs (6s); Drapery Importing Company (Mr Moore) v. George Geer, of Pembroke, for £2 19s, value of clothing supplied, with costs (lis). Judgment by default was given in the case of the Greenvale Gold Dredging Company (Mr Brn<*h) v. E. D. Mason, of Lawrence, for £23 15s, amount on calls clue, with costs (£2 14s 6d).

CITY POLICE COURT. (Before C C. Graham, Esq., S.M.) Drunkenness. —Henry Ayers pleaded guilty to this charge, also te two preview convictions within the past six months. —" You are killing yourself with drink, and the best thing is to send you up for a short term of imprisonment," said the magistrate, in sentencing accused to fourteen days?. Stone-throwing.—Stephen M'Laren and John Lawson were charged with, on January 21, throwing a stone and breaking a window, of the value of 3s, the propertv of David Booth. Mr Irwin appeared for the defendants, and pleaded not guilty.—A considerable- time of the Court was occupied in dealing with this case, the details of wlr.ch were of an unimportant character. —After hearing the witnesses for the prosecution and the defence, His Worship thought that there was not sufficient eyidpnee for a conviction, and he would dismiss the cas« accordingly.

A Boy's Foolish Freak —Ernest Beamau, fourteen years, was charsed with that iic did, on the 12th inst. wilfully attempt, to set fire to the post office letter-box at Halfway Bush by thrusting a lichted paper thronch the aperture, thereby causing one fetter to be ignited.—The fa-'-s of the case were that the accused was seen putting the lighted paper into the box by another bov, who immediately went mco the post office and informed Mr Bunting. The 'latter came out and caught Beaman, while his daughter opened the box and extinguished the burning paper, which had by that time partially burnt one of the six letters in tho bos. Information wa« then given to the police, who arrested the accused at mid-day yesterday.—His Worship said that he was willing to allow bail it £25, fixed in the lad's mother's own recognisance, and remand him until Monday. —Accused wished to be dealt with there and then, and on giving the age abow stated, which allowed His Worship to deal with him. Mr Graham said that he wouid teach Beaman a lesson that he would remember in the future, and he would order that he reserve twelve strokes of the birch rod in the presence of an officer of the police and a parent or guardian of Beaman, if the latter so desired.