RESIDENT MAGISTRATES' COURT.

Hawke's Bay Herald, Volume 13, Issue 1108, 10 December 1869, Page 3

RESIDENT MAGISTRATES' COURT.

(Before John Curling, Esq., RM.) Tuesday, December 7. Vautier v. Days and Bristow, and Days and Bristow v. Vautier. These were cross actions for damages, the ; plaintiff in the first case claiining £12 for : . damages sustained by detention of the L brig Maggie, and the plaintiffs in the ' second case claiming £20, for injuries to - to the new wharf 'caused by the, Maggie \ before the said wharf was completed. : Mr. Leo appeared for Messrs. Days and > Bristow, and Mr. Vautier conducted his 1 own case. 1 Mr, Lee explained that his clients had 1 been forced, in their own defence, to bring ■ the cross action. He (Mr. Lee) had sent 1 a letter to Mr, Vautier suggesting the ad- [ visability of coming to an amicable arrange- : ment, and thus avoiding the trouble and L expense consequent on litigation. Mr. I Vautier had taken no notice of this letter, ; but had at once taken out a summons - against his clients for demurrage. ' A very large number of witnesses were 1 examined, but the crowded state of our 1 columns prevents us 'giving the evidence ■ infull. 1 At the close, Mr. Lee addressed the 1 Court and argued that as the wharf was unfinished, it was the private property of the contractors* and they had a perfect , right to prevent any person from using it. The Bench, in delivering judgment, was 1 of opinion that Mr. Vautier had no claim against Days and Bristow, and considered ■ them perfectly justified in resisting the 1 discharge of the vessel when tho wharf was being damaged thereby, and there--1 foro decided the first case in favor of defendants. The second case being fully , made out,, judgment would be given for £12 ls 6d and costs.