MAGISTRATE'S COURT.

New Zealand Herald, Volume LII, Issue 15822, 20 January 1915, Page 5

MAGISTRATE'S COURT.

SEQUEL TO COLLISION.

CLAIM FOR DAMAGES

Two motor-cars collided at the coiner of Karangahape Road and Upper Queen Street on July 18 last. One car, in swerving to avoid the other, collided with a verandah post. The owner of the post, E. \V. Jennings (Mr. E. J. Prendergast), in the Magistrate's Court yesterday, sued John G. Eccles (Mr. R. D. Bagnall) and Alfred Omrod (Mr. R. X. Moody) for £48, as damages to his verandah.

One of the two cars was alleged to have been driven by Eccles and the other by one Charles William Osborne, alleged to be the servant and agent of the defendant Omrod. The plaintiff further alleged that the cars were travelling at an excessive speed at the time, each passing the intersection without giving any warning. As the result of this alleged negligence and carelessness, the plaintiff claimed that the defendants were jointly responsible for the damage done to his verandah.

The plaintiff was nonsuited with regard to the claim against Omrod, it being shown that Osborne at. the time was giving a friend a free thing which he had no permission from Omrod to do; he was not, therefore, acting as Omrod's agentMr. ]•'. V. Frazer, S.M., reserved his decision as to the claim against the defendant Eccles. HER MEANS OF LIVELIHOOD. Jessie Motion (Mr. \Y.-- M. Alexander) sued her husband, Joseph Motion (Mr. J. It. Lundon), for £17, this sum representing the value of a sewing machine and the loss which she had sustained by the defendant taking it away. The plaintiff said that her husband paid the first few instalments of 2s 6d a week on the. machine. She, however, paid the remainder, the money being partly derived from the sale of work done by themachine. She and her husband had lived apart for several periods, he taking away the machine when last they separated. it was her sole means of making her living, and she had already lost money by reason of its detention.

Mr. J. R. I.undon called no defence, the husba.nd, ho said, being at the war. Mr. E. C. Cutter*. S.M., gave judgment for the plaintiff for £10 or the return of the machine, with 37s costs in either I case. UNDEFENDED CASES. Judgment for the plaintiffs for the | amounts claimed with costs was given in [the following undefended cases: Richard i S. Briggs v. H. G. Manistv (Hamilton), £3 17s 9d: J. H. Ward v. J. H. Beesou (Penrose), 15s 2d; Hipkins and Coutts v. H. -M. Salmon (Otamatea), £3 19s lid; Evelyn's Royal Horse Food Proprietary v. J. Agnew "(Morrinsville), £1 ss; Eaton Brothers v. H. M. Salmon (Otira). £14 18s; the Brett Printing and Publishing Company, Limited, v. J. Baker (Nelson), £1: same v. G. Ingram (Murchison). £8 lis lOd ; E. Le Roy v. Ernest E. Can(Kaeo). £2 10s; John Black v. H. Markwick (Edendale), £9 19s lOd ; L. J. Pegler v. W. Barker (Auckland), £1 0s 9d ; Hill and Plumiuer, Limited, v. Harold Markwick (Edendale), £49 Os sd; Robertson Brothers, Limited, v. C. H. Edge (Te Akau), £9 18s; E. S. Pegler v. J. T. Redpath (Ponga), £189; Henare Kaihau v. Napi Wilson (Mangere), £10; Maxwell and Ingram v. Harry Price (Epsom), £3; E. Lo Rov v. D. J. Barron (Auckland), £11 12s 9d; Bridges and Walker v. H. Kehn (Auckland), £4 15s 103; G. de Clive Lowe v. F. Boyed (Parnell). £1 Is ; Connon and McLaren v. A. Ellis (Auckland), £1 13s 2d; G. Kronfeld, Limited, v. Ensor Brothers (Thames). £22 18s 3d; M. Collins v. A. T. Brown (Auckland), £1 ; Smith and Caughev v. J. Kettles (Westport), £5 6s 4d ; Robertson Brothers v. J. G. Benjamin (Ruawai). £14 8s lOd : same v. C. J. Clark (Waiuku), £10 15s lOd; A. McColl v. A. A. Hanson (Kingsland), £5 14s 4d; C. H. Cleveland v. Richard F. Fraser (Wellington), £5; Auckland Meat Company. Limited, v. E. T. Roach (Auckland), £2; same v. E. J. Le Seella (Devonport), £3 14s 2d; same v. M. Molloy (Newton.) £1 0s 7d; same v. T. Gibbons (Auckland), £5 5s 2d : same v. S. Weaver (Grey Lyinn), £1 12s 5d ; Hallenstein Brothers, Limited, v. B Irvine (Whangarei), £1 16s 7d ; G. Mi-Bride v. J. Appleton (Newton), £1 7s 6d : E. S. Wiles v. R. Hill (Ponsonby). £4 5s 8d : H. Redwood v. J. Tobin (Auckland), £7 5s ; A. W. Bater v. W. Nodder (Grey Lynn). £1; E. H. Griffiths v. D. Minogue (Auckland). 18s : Boilermakers' Union v. D. Murton (Paeroa), 10s : same v. J. Murton (Paeroa). £1 4s; George Pirritt v. Arthur Wetherell (Henderson), £3 lis 3d ; Henderson and Pollard, Limited, v. J. R. Thompson (Papatoetoe), £43: A. H. Nathan. Limited, v. J. Matheson (Kawhia), £4 7s Id; Phillipps and Impey. Limited, v. B. E. Williams (Dacgaville), £11 6s 4d; G. W. Bennett and Co. v. John Turnbull (Auckland). £26 19s lOd: A. Flintoff Mickle v. J. Quinlan (Auckland), £1 14s: Boile-'-rakers' Union v. F. Carter (Ponsonbv). 15s : J. Petford and Son v. W. Wood (Newton), £4 16s 7d : same v. A. Hanson (Auckland). £6: W. Collins v. C. Harkins (Freeman's Ray). £5 18s 3d ; J. S. Lintott and Co. . v. Markinnon and Co. (Wanganui), £2 19r sd ; Tailors' Union v. W. Simpson (Pukek'ohe). £1 6s ; Smith and Caughey, Limited, v. Herbert Oliver (Dannevirke). £6: Hawlinson and Ifwerson, Limited, v. Yarborongh Brothers (Kohukohu), £54 14s 2d: Birkenhead Borough Council v. J. H. Kitsch (address unknown). £1 ; Boilermakers' Union v. Frederick Dohle (Newmarket), 13s; H. B. H'llford v. H. Edmondsori (Whangarei), £38 : Brewers' EniDlovees' Union v. T. Rvan (Auckland), 14s 6d : S. M. MooreJones and G. Creagh v. P. B. Greenbough (Trentliam). £50: J. W. Hoare and Co. v. R. H. Havden (Onerahi). £10 4s 2d : John S. Petricevirh v. M. Yitali (Gumtown). £2 18s.