THE COURTS.

New Zealand Times, Volume L, Issue 8348, 29 March 1888, Page 2

THE COURTS.

SUPREME COURT.—IN BANCO, Wednesday, March 28. (Before His Honor the Chief Justice.) RE SKIPPER, A SOLICITOR, AND RE BRASSEY, A SOLICITOR. These matters wore mentioned and adjourned. BOROUGH COUNCIL OF HAWKES BAY V. DICKSON. The respondent obtained judgment for the value of a horse. A road having become foundrous, the Board’s servants began to repair it by laying down willow branches. These were eventually to be covered with earth, but owing to the absence of some of the workmen this was not done as tbe work proceeded. The horse tripped over the willows and fell, receiving injuries of which it died. The Resident Magistrate on this found that the Board was guilty of negligence, and gave judgment for the plaintiff. The Board appealed. Mr Chapman appeared for the appellant. Mr Gully for the respondent, was not called on. His H onor the Chief Justice —I do not think you can make any more of it. It seems to be the law that the local body is liable ; whether it should be is not the question. The magistrate has found negligence, and there is no getting over that finding. I cannot say there is no evidence of negligence. There is some evidence, and I have not to say I should have found there was negligence. I cannot say it was wrong of the magistrate to conclude there was no contributory negligence. Appeal dismissed, with L 7 7s costs. BORROW V. O’HALLORAN. Motion on notice for a judgment on admissions. The defendant had pleaded that he denied all the material allegations in the statement of claim. Mr Chapman, for the plaintiff: The denial under our rules amounts to an admission. Judgment for the plaintiff. KIMBELL V. MITCHELL. Motion for a decree on the Registrar’s report. Mr Quick for tho defendant, Mr Edwards for the plaintiff. Judgment was reserved.