RESIDENT MAGISTRATE'S COURT.

New Zealand Herald, Volume XIX, Issue 6573, 11 December 1882, Page 3

RESIDENT MAGISTRATE'S COURT.

Saturday. [Befor* J. E. lUedon&ld. Esq., R.M.] An adjourned sitting of the Court waa held on Saturday to hear the following cases :—

Whitmore v. Auop.—Claim, £10. Mr. Cooper :or the plaintiff, Mr. Tyler for the defendant. This was an action brought by the master of the ship Ashmore against the second ma'e of the same vessel to recover the damage done to the captain's gig through the defendant's negligence. According to the evidence of the plainti£f, he was taken ashore by three of his crew and the defendant, who wa3 in charge, tie left the defendant at the landing place. When he next saw the boat it was damaged. The shipwright charged £5 repaid. The boat was built of teak. The repairs had to l-e made with kauri. The boat was therefore not in as good a condition is formerh, and on this account a further sum £5 was claimed, making £10 altogether. Captain McKenzie, Harbourmaster, deposed that he saw the boat at the landing place, the defendant being at the head of the steps. The 3.5. Tongariro came in towing the Pearl. Witness shouted to the defendant to take the boat out of the way or she would be smashed. The boat was not removed in time, and she was smashed. Tide-waiter Parker gave similar evidence. The defendant said that he had to wait at a certain place for the captain: that he went to the place aa desired; that when he came back to the head of the steps he found the collision imminent. He did what he could to save the boat. Frank O'Connor, seaman on board the Ashmore, detailed what occurred. Mr. Tyler said the action must be brought by the owner. In this case, the action was brought by the master, who was not the proper person to sue. Mr. Cooper said the master of a vessel had a special property in lier which enabled him to sue. His Worship thought there was proof of negligence, and gave judgment for the plaintilf for £7 10s, with £3 l"2s costs. POLICE COURT. —Saturday. [Ueforo Messrs. G. P. Pierce and F. L. Prime, J.P.'s.J Dkcnkenkess. —One man was punished for drunkenness; and John Leonard, for habitual drunkenness, was sentenced to six months' imprisonment; Edward Kane, who was suffering from d' ltrlani tremens, was remanded for eight days. Us lighted Carriages.—Nathaniel Stafford and Laurence Tierney, cab-drivers, were charged with not keeping their carriage lights burning at night. Mr. Goldie, Inspector of Carriages, stated that the offences were net wilful but accidental. They were each fined 5s and costs.