MAGISTRATE'S COURT.

New Zealand Herald, Volume LI, Issue 15513, 21 January 1914, Page 7

MAGISTRATE'S COURT.

CLAIM FOR WAGGON REPAIRS.

A dispute concerning a claim for payment of a debt, said to have been incurred in respect of repairs to waggons, was investigated by Mr. C. C. Kettle, S.M., at the Magistrate's Court yesterday. The claimant was James Hill, a Symonds Street coachbuilder (Mr. Peak), who sought to recover the sum of £10 lis 6d from H. V. Dykes, a poultry farmer, of Avondale {Mr. A. E. Skelton), the defendant for his part claiming from Hill, £3 15s 3d. as charges for grazing a filly. The evidence showed that Hill constructed two waggons for Dykes, and that later the waggons were returned, and certain work was done upon them. Plaintiff claimed that this work was made up of ordinary repairs, but the defendant considered that the waggons had been constructed faultily, and that the repairs had been rendered necessary thereby. With regard to Dykes's claim for grazing fees, Hill contended that the debt had been wiped off by arrangment when the waggons were paid for. After lengthy evidence the case was adjourned for a week to enable certain documentary evidence to be produced. A DOG RUN OVER, Following upon the running over of a dog by a motor-car, driven by J. Marjoribanks Steele, agent, of Auckland (Mr I'rendergast), a claim for £25 damages was brought before Mr. E. C. Cutten, S.M., by Alexander MacGuire, labourer of Auckland (Mr. Denniston). The plaintiff stated that on the evening of November 13 last he was walking in the vicinity of Domain Drive. Turning round, he was just in time to see the dog emerging from underneath a motor-car travelling at a fairly fast pace. The car, lie maintained, had no lights. Other witnesses supported this evidence. The defence set up was that there was no negligence shown in the driving of the .car, which was travelling at a rate of about seven miles an hour. Further, the lights did not go out until the car came to a standstill. Decision was reserved by the magistrate. JUDGMENT BY DEFAULT. Judgment was given for plaintiff in the following undefended cases :—John Keid and Company v. Thomas Mc.C. Deane (Okahakoura), £2 17s; .Woodroffe and Company v. C. C. Porter (Huntly), £17 3s 2d; executors of Robert Rew v. H S Taylor (Northcote), £1 9 Id ; Civil Bros, v. Andrew Ferri (Moturikareki Island), £9 3s lid; J. Green v. William Pearson (Helensville), £4 3s; Bridges-Bros. v. W. Harford (Remuera), £3 12s 7d; D. Goldie and Sons, Ltd., v. Charles V. McGuire (Te Puke), £7 Is sd; C. E. Hemus v. J. A. Murphy (OtorohangaV £8 10s 2d; L. Marks and Company v. William Barker (Auckland), £2; H. B. Morton and Company v. Robertson Bros. (Clevedon), £24 17s 6d; W. Holdsworth and Son, Ltd., v. W. R. Holden (Churchill). £4 4s 8d; John Court, Ltd., v. F. Pullman (Whangarei). £3 8s 8d; William Rogers v. N. Silva (Paniell), £3 18s; J. Patterson and Son v. A. M. Conza (Auckland), £1 2s; W. Parkinson and Company v. A. E. Mason (Grey Lynn), £3 13s; Auckland Meat Company, Ltd., v. S. E. Hammond (Devonport), £3 13s 6d; M. G. McGregor v. Arthur Clark (Onehunga), £6 5s 6d; Richard Arthur and Company v. F. E. Watling (Auckland), £1 7s.