MAGISTRATE’S COURT

Evening Star, Issue 17731, 4 August 1921, Page 7

MAGISTRATE’S COURT

Thursday, August 4. (Before Mr H, Y. Widdowson, S.M.) BY DEFAULT. Judgment by default was given for plaintiffs in tho following cases Mary Martin v. George Bassit Martin (Waikaka), £lO, for board and lodging, with costs (£1 10s 6d); Riach and M’Lennan Co-operative Association, Ltd., v, George Scott (Port Molyneux), 10s, costs; Jas. Crombie and Co. v. Ezra Dobbie (Kawau, Auckland), £l2 12s, for dress suit, with costs (£4 9s); Alex. Mann v. James Boyd ('Washdyke), £3 15s 7d, on account stated, with costs (£1 6s 6d); Para Rubber Company, Ltd., v. William Jas. Barnes, £9 10s, for goods supplied, with cost's (£1 11s 6d). TENEMENT CASE. Clarence Frederick Garter v. Pereival Sylvester Knipe.—Claim for possession of tenement at 384 Cumberland street let by plaintiff to defendant at a weekly rental of 16s.—Mr P. Anderson appeared for plaintiff, and Air H. Brasch fpr defendant.—Mr Anderson said that since tho last hearing arrangements had been made between the parties, and it was now desired that the action bo discontinued.—Judgment was given accordingly for defendant, who was allowed costs amounting to £3 17s. A MOTOR CASE. Westport Coal Company v. Thomas Scurr, a claim for £lO6 8s lid. This claim was in respect of a motor waggon which plaintiffs sent to defendant to be repaired, plaintiffs contending that defendant or his servants interfered with tho engine and damaged it, For the loss of tho lorry plaintiffs claimed £39, and for repairs to the engine £67 8s lid. Mr White appeared for plaintiffs and Mr J. S. Sinclair for defendant.—Mr White said the Westport Coal Company left one of its motor waggons at Scurr’s premises for some repairs to be effected to one of the springs. The waggon was taken to defendant’s yard, and instructions were given as to what was required to bo done. The next the company heard was that tho engine was seriously damaged, and it was claimed that defendant nad no right to interfere with tho engine. The company was without the use of tho motor for a considerable time, and had to revert to horse haulage. The sum which was claimed was a very reasonable amount for the damage caused to the engine and the disorganisation of the work caused through tho motor not being in use.— Jas. Duncan Cameron, manager of the Westport Company’s coal yards said the waggon was an Overland. In March it was sent to Scurr’s to have three loaves of a spring attended to and up to the time it was scut it had been doing the work of tho company. The next thing ho heard was that there had been an accident to the waggon. In company with Air Jack Scurr, witness viewed the waggon, tho engine of whicli ■ ho found 'to he seriously damaged. Defendant was advised by letter that tho company held him responsible for the cost of repairing the damage. £B7 7s 9d was paid to the N.Z. Alotor Exchange for repairing the engine, and £3O Is 2d to Messrs Wirnpenny Bros, and Reid.—Chas. Bedford said ho drove the lorry for four months before It was sent to Scurr’s. He drove the lorry to defendant’s to have the spring fixed, tho engine then running well.—To Mr Sinclair witness denied that he told somoono at Scurr’s that the waggon was a “cow” to -start, and that ho had told his employers to sell it. Ho might have said she was a “cow” to backfire. He did not prohibit anyone from moving the car or starting the engine. Ho knew that cars were moved in garages. Tho engine had never raced with him.—At this stage the court adjourned till tho afternoon.