MAGISTRATE'S COURT.

New Zealand Herald, Volume XLVI, Issue 14109, 10 July 1909, Page 7

MAGISTRATE'S COURT.

CLAIM FOR DAM AG ES.

r.v the Magistrates Court yesterday, hetort Mr. 0. C. Kettle, S.M., J. X. Griffin, far met, Kaipara Flats, sought to recover £T 19s 8d from Masefield ami Co., engineers Auckland, for damages' resulting'- from i steam engine supplied by defendants, whiel plaintiff alleged to bo unsuitable. Mr. h Karl appeared for plantiff, and Mr. H. Mc Veaeh for defendants The plaintiff's statement of claim sot out hat in August. 1908, the plaintiff took on lire from defendants a steam engine, to vork a log hauler, on the warranty that it sould develop a. steam pressure of 601b to he square inch The purpose for which ho engine was required was explained at ho time, and the defendants warranted the mgiiie to be sufficiently strong for the purpose. ' Relying upon this promise, the plaintiff purchased a wire rope, belt, and winch, to be used in connection with the engine, which, however, failed to develop a steam pressure- of more than 451b per square inert. This was insufficient for the purpose, and about November 20 the hire was determined. Plaintiff claimed to recover £20, being hire paid, and £57 19s 8d in special damages, as follows:—Depreciation of wire rope, £21 17s 9d-, depreciation of winches, 10s; freight. of engine, £10 4s 4d; cost of repairs to winch," £21 6s Id; cost of belt rendered useless, £3 lis 6<l: total, £57 19s Bd. Evidence for the plaintiff wan heard, and the case adjourned.

A PLUMBING CLAIM. The case in which Messrs. Lothcm and Hoffman, plumbers, sued Mr. O. Farrow, contractor, and Dr. Purchas, for the sum of £142 16s, balance of an account alleged to be due for plumbing work done at Dr. Purchas' house, was called, and adjourned for a week, Mr. F. Earl statins: thfit, there was a prospect of settlement- The question of costs was reserved. CLOSING A ROAD, The magistrate granted the City Council's application to close Now Swift (Avenue, Ponsonby. Mr. S. E. Hughes made several technical objections to tho application, but His Worship .said an adjournment had been granted to enable the objector to move the Supreme Court, and he had. taken no steps to do this. The Council had done all "that was necessary in the mutter. JUDGMENT SUMMONSES. Orders were made that the following amounts be paid, with the usual alternative of imprisonment:—J. McNamar,'. v. Patrick McDonald! Eden Terrace, £1 17s; Mrs. Taylor v. Patrick McDonald, 10.- 8d: E. C. Brown and Co. v. C. M- Duckworth, Whakatane, £1 Bs.