MAGISTRATE'S COURT.

New Zealand Herald, Volume LI, Issue 15518, 28 January 1914, Page 7

MAGISTRATE'S COURT.

TRAM COMPANY SUED.

ALLEGED FALL FROM CAR.

A fall from a Remuera car on December 26 last resulted in William Selwood, timber merchant and sawmiller, suing the Auckland Electric Tramways Company (Mr. R. P. Towle) for £12 12s at the Magistrate's Court, before Mr. C. C. Kettle, S.M., yesterday.

The plaintiff, in the witness-box, stated that on December 26 he walked up from Ellerslie by way of Green Lane towards Remuera. Upon reaching the tram lines he saw a tram approaching, and hailed it. The car, number 139, practically stopped, but then suddenly went on again, with the result that he fell to the ground. He now claimed £2 2s in respect to damage? to his trousers, £2 2s for danjage.to -his toaty and £8-- 8s for incapacitation 'for- eight days." "I paid £6 15s for the suit, and now it's not, good enough," wear to an evening party, or to an afternoon," he complained. "You see, I bought it for wearing in drawingrooms, but. no* I can wear it only for a knock-about suit." In answer to Mr. Towle, he said he had been to the races on the day of the incident, and had had about eight drinks. The motorman of car 139 stated that on the day in question his oar went only as far as Vincent Road—not as far as Green Lane. He did not see the plaintiff at any time on the run. His story was supported by the conductor. The plaintiff, recalled, said he did not know Green Lane, but he had been led to believe that he had gone by way of Green Lane when he left the racecourse. He was quite able to point out the place at which the incident occurred, however. Ultimately it was decided that the latter course should be adopted, and the case was adjourned until to-day. PAID EXPENSES. DISPUTED REPAYMENT. A claim for £40 15s was made by Joseph Hedley, Auckland (Mr. R. P. Towle), against Koinaki Paitaki, of Tahuna (Mr. H. P. Richmond). Plaintiff affirmed that he paid to Messrs. Reed, Bailey, and Towle, lawyers, two sumsone of £20 15s, and another of £20—to cover expenses incurred by the defendant in connection with some Court proceedings. The defendant admitted that plaintiff had paid the law expenses, but maintained that the sums had been refunded. The.case was adjourned for a week to enable further documents to be produced. THE RENT OF A HOUSE. CLAIM DISMISSED. A dispute concerning the rent of a house came before the Court, the" parties being J. H. Pagni (Mr. Prendergast), who claimed from Alexander Leith rent and 4s 6d for) certain keys, said to have been lost by defendant. Plaintiff contended that the house had been let to Leith, who was ultimately given notice to leave the place. The defendant, it was stated, left the house on the day appointed, but did not deliver up the keys, or give any information about them until a week later, when he said they were lost. Defendant maintained that he went into the house as a sub-tenant, and had never been given the keys. The plaintiff was nonsuited, and was ordered to pay the costs. UNDEFENDED OASES. JUDGMENT BY DEFAULT. Judgment by default was given for the plaintiffs in the following undefended cases: —D. and A. Ryan v. Mrs. P. Lyons (Freeman's Bay), £4 15s sd; trustee in estate of J. C. Sharland v. M. Mountain (Devonport), £2 16s sd; J. R. Wood v.

James Leonard (Qnehunga), £1 2s 6d; Phillips and Impey, Ltd., v. H. W. Knott (Auckland), 12s 6d; Ross and Glendining, Ltd., v. E. Davis (Whangarei), £7 4s 5d ; G Kronfeld, Ltd., v. McDonald Brothers (Waikino), £5 18s 2d; Auckland Timber Workers' Union v. R. MataHau (Auckland), ss; J. K. Alexander v. S. Moore and Co (Auckland), £1 15s 6d; B. Hart v. R. W. Cook (Kohimarama), £5 2s Id; John Burns and Co., Ltd., v. J. Keenan and Son (Auckland), £1 10s 6d; C. Bird v. John Martin (Otahuhu), £2 ss; Frank Preston v. W. H. Cooper (Avondale), £1 10s; C. Norgrove and Sons v. Augustus Street (Moniingside), £2 8s lid; J. Parr and Co. v. Herbert Edward Brunton (Pukekohe), £2 16s 2d.