MAGISTRATE'S COURT.

Nelson Evening Mail, Volume XLV, Issue XLV, 16 August 1910, Page 6

MAGISTRATE'S COURT.

(Before Mr J. S. Evans, S.M.) CIVIL CASES. At the Magistrate's Court this morning judgment for plaintiffs by default was given in_the following eases :—Ma takitaki Sluicing Co. v. W. G. Williams, claim £25, costs £1 3s ; T. H. .Smith (Mr Newbeiy) v. Frcdk. Qrr, claim £2 19s 6d, costs 8s; Nelson Induslrial Co-operative Society (Mr C. J. Harley) v. T. J. Robertson, claim £2 8s 3d, costs 10s. A PLAINTIFF NONSUITED. L. V. R. Carmine claimed from Chas. Rugg. of Greymouth, £lO 10s, damages for injury to and non-delivery of a, bicycle. Mr W. S. Mi bier appeared for (he plaintiff, and Mr J. P. Hayes for the defend'mt.

The evidence of John Hargreavee had been taken at Greymouth. Lawrence V. R. Carmine, telegraphist, of Nelson, stated that he came up from Greymouth in February. He gave a bicycle to John Hargreaves to ship to Nelson, but he had not yet received the bicycle. The bicycle was in good order when lie left Greymouth. The bicycle ivas now in the Union Co.'s shed at Nelson, but the agent for the New Zen land Carrying Co. had refused to take delivery. The bicycle was badly damag ed. Pie valued the bicycle at £lO.

Cross-examined : He had the bicycle about two years, but he had done very little riding on it. It was not a new bicycle when he got it, but it was practically new; he paid £ll for it. If the bicycle was repaired he would now take delivery of it. though he had - revionsly refused to take it till his solicitor told him to take delivery.

Alec. Manks, cycle agent, gave evidence as t othe damage to the bicycle, and said that it would cost from £3 to £3 5s to put it in good order. The machine ho should say, would bo worth from £7 to £8 when repaired. Mr Hayes applied for a nonsuit, a? there was no evidence that the claim was against a common carrier, nor was there any evidence of a contract or of negligence on the part of the defendant.

Mr Milner said that the statement of claim was in accordance with the form in the Magistrate's Act. Nor was it no cejsary to prove a- contract on nw-t-jni. A letter from the defendant, denying any liability, was put in.

The Magistrate upheld Mr Hayes, contention and nonsuited the plaintiff. Mi- Hayes .applied for costs, and these, amounting to £4 17s Od. were granted, lining made un of £5 fis. expenses at Greymouth, and the balance at Nelson.