RESIDENT MAGISTRATE'S COURT.

Inangahua Times, Volume XI, Issue 1904, 2 September 1887, Page 2

RESIDENT MAGISTRATE'S COURT.

Before F. Bird, Esq., R.M. Thursday, September Ist, 1887. Smith and Barkley v. N ewtos. - 1 Claim for £6 10s for goods supplied ; judgemeut by detault for the amouut and costs. Mr North for plaintiff. Thomas & Mcßeath v. Devlin. Claim for £15 for goods ; judgment for the amount itlrt costs. McPauland v. Laurie Claim for £3 2s 6d for coach fares ; judgment l>y default for th« amount and costs. Mi* Frost for plaintiff. Gallagher Bros. Fitzgerald. In this case Mr North appeared far defendant and objected to the. case proceoeding owing to short or insufficient service. The summons was only served at 11 p.m. on Tuesday. Mr Lynch said it was only a dodge to postpone judgment. Plaintiffs' man called on Monday evening,, and ex plained that he had a summons for , him ; defendant became violent and j slammed the door ; he submitted that the evidence of service was sufficient Mr North said plaintiffs themselves had but in an affidavit admitting that the summons was not served till Tuesday. As a matter of fact the summons was not served upon defendant but left at his residence. His Worship said he felt that it was only an attempt to defer judgment, but still he was bound to s«e that the statutory requirements were complied with.. Summons enlarged. Deverlin v. Roxborouoh and Co. Claim for £13 14s 6d for work and. ! labor done. . j Mr North for p'aintiff, Mi- Lyuchi for defendants. I Defendants' had paid £6 4s 6d' into. Court,' and. filed , a set-off for the balance. "" • •• - : ■•■•-• •• •-• Alexander Fleming proved that the . oomte<ii»o£ the set off were correct. *ttdj that the laths had not been delivered at the spot contracted for. By Mr North : Frequently complained to plaintiff that" he was not delivering the timber at the right. I place. - • Judgment was eventually given for £2 6s. in addition to the sum paid into Court. COX V FORSYTH AND MvSTERS. An action to recover damages for injury sustained through falling over an obstruction. • Mr Frost for plaintiff, Mr North for defendant. John Cox.: I am a laborer living at Reefton ; on the evening of the l'4th June I was passing at the rear of de« fendants aad fell over a piece of machi« nery-.; I sustained" injury,, and went home and went to bed ; I was perfectly sober when I fell over the ob-structior ; Sergt. Slattery went with me when' l pointed out tho obstruction ; the oc- i currehce took place on the Srand Reserve; the piece of machinery would be about 30cwt. in weight ; it was the bed of a»i engine, and there was a spike project-ing ; sometimes I make more than 20/- per day ; my average earniugs are about £3 per week; .was.. .incapacitated for work owing to tl - e result of the accident ; did not know that the. obstruction was lying in the street; have been unwell since the accident and am not yet quite well. By-Mr North : I live on the Strand ; usually go to my housj by the back of defendants ; was not away from the house on the afternoon of the accident ; I had seen the piece of machinery before the night in question ; the piece, of machinery was about 4 inches from the wheel-rut on the road ; it was 17ft or 18ft from defendants; there is no footpath there ; the roadway is about -15ft wide; I make about £3 per week at bell-ringing j I had to refnse work ; may have, told my creditors that f could not pay because I hud not made 10/- during the week ; was earning on j an average £3 per week up to the time of the accident. By Mr Frost ..There, was a notice from the Commissioner of Crown Lands < warning people off the Reserve ; did not know till I fell over it that the machinery was lying m the street. Thos. Whitton : lam a duly qaah- | fied medical practitioner ; the plaintiff ' came to the hospital on the 15th June and was discharged on 10th July; he was suffering from contusions and fracture of sth and 6th ribs ; T think he is pretty fair now ; injuries such as he sustained take about a month to repair; defendant r was suffering from j alcoholism. ... i ' By Mr North : Bychroni&alcoholism | I mean that state which the body gets ] into by the habitual use of alcohol ; I did* huve o«:<asi..o to wwn defendant . that an:- ss he .e-.-mi^".] q r.. t\e ti^ht . have an attack of >h i- i«t i .;o.\ .-i.t;

the contusion from which defendant was Suffering was very slight ; defendant would not be permanently injured by the fracture of the ribs. Sergt Slavery : On h day or two after the occurrence I went with de- j. fendant to se« the oWstrnction'complained of; found the piece of machinery was 3ft away fjom the Avheel-rnts; there was a spike projecting from it. By the Oonrt: The way is not much v used at night by travellers. This closed plaintiffs case. Mr North moved for a non«suit on the ground that plaintiff had failed to prove ownership in Porsyth and Masters. His Worship upheld thu objection, and nonsuited plaintiff with costs.