MAGISTRATE'S COURT.

New Zealand Herald, Volume XLV, Issue 13873, 6 October 1908, Page 7

MAGISTRATE'S COURT.

CLAIM FOR DAMAGES. At a pitting of the Magistrate's Court, before . Ml-. 0. C. Kettle, S.M., yesterday, Robert Smith, of Mount Smart, sued Frederick Neweon, of Auckland, contractor, and Robertson Brothers, Newmarket, produce merchants, for £50 damages for alleged injuries sustained. Mr. Buddie appeared for plaintiff, and Mr. Cotter for Robertson Brothers. Plaintiff alleged that on May 15, while he was in Robertson Brothers' store making some purchases, a heavy piece of timber fell upon him, seriously injuring his leg, and incapacitating him from work for some time. Newson was at the time effecting repairs to the ceiling, and had men working there, the timber falling through the alleged negligence of defendant's servants. Mr. Cotter moved for a nonsuit on the grounds that defendant Newson was not a servant of the other defendants. In giving judgment the magistrate eaid. Robertson Brothers could not be held responsible for the accident, and plaintiff was therefore nonsuited as to them,y costs (£2 12s). CLAIM ALLOWED. Stonex and White, rangemakers, sued W. K. Stevenson (Taumarunui) for £24 18s, for goods sold and services rendered in. connection with the removal of a baker's oven. Mr. Williamson appeared for plaintiff, and Mr. Lundon for defendant. After hearing evidence, judgment was given for plaintiff for the full amount claimed, with £4 2s costs.