CIVIL CASES.

Nelson Evening Mail, Volume XLII, Issue XLII, 16 April 1907, Page 2

CIVIL CASES.

LIABILITY IN ORDERING A CAB.

A CURIOUS CASE.

I Judgment for the plaintiff was given i in the action J. H. Hewetson (Mr E. B. Moore) v. J. Delaney, junr., a claim for ' £7 8s 3d, with costs £1 18s 6d. Ellen J. Newport v. John Martin and Daisy Busch, a claim for 10s for cab I hire. — Mr 'Hayes appeared for the ; plaintiff, and Mr Harley for the defendants. The plaintiff stated that the defendant Martin had ordered a cab for the Bth February, to take a ( woman and two children from the Wainui to Mr Busch's. The cab was to be at the Port at 3 o'clock in the morning, and Martin was told that it would cost him 10s. The cab went to the Port shortly before the time kated, but tha passengers had left the steamer. Martin, however, promised to pay the 10s, though he afterwards refused to do so, and said the liability was IVlrs 3?USCh"3. Mrs Busch also promised to pay the 10s but had not yet done so. — The defendant Martin said he arranged that Newport was to "meet the steamer," and not that he should be at the Port at 3 o'clock. He had not agreed to pay the 10s, but had said he would sco Mrs Busch about the matter. — George Mcllett stated that the Wainui got in at 2 o'clock, and that he took a lady passenger to Busch's. It was not unusual for a cabman to be engaged to be at the Port at a fixed time. — Daisy Busch, one of the defendants, said she I declined to n?v the 10s because Mr Newport had not "met the boat," as she thought he had been told to do. — The Magistrate considered that the evidence of the plaintiff was the more likely to be correct, but the whole trouble was due to Martin, who had not carried out Mrs Busch's instructions. He would give judgment against Martin for the amount claimed, in equity and good conscience, with costs 9s.