MAGISTRATE’S COURT.

New Zealand Times, Volume LXXI, Issue 4440, 21 August 1901, Page 3

MAGISTRATE’S COURT.

TU£SDAY,_AUGUST 20. CBcforo Mr W- H. Haselden, S.M.) A woman, charged with drunkenness, was remanded till the 20th instant lor medical treatment, a man and a woman, for drunkenness, were each fined Cs, in default 24 hours’ imprisonment. Frederick 'Williams tv as charged that on tho 3rd December ho obtained Horn Amelia Sutherland board and lodgings to the value of £1 14s. by means of false pretences. A remand was granted till tho following day; bail was allowed. William Draper was charged witn breaking and entering the dwelling of William’Brown about tho Bth December, and committing theft therefrom or a watch and a scarf pin of tho total value of £4 11s; also with breaking and entering tho dwelling of William Cook, and committing theft thoreform of a c ock, of the value of Os Od, and 10s in sitter. A remand was "ranted till the 23rd instant ; bail was allowed. In the following civil cases, bv default of tho defendants, judgment with costs was entered for tho plaintiffs:— lCommissioner of Taxes v. Allred J. Prior, £l3 4k and Ids costs,; Empire Loan Company v. Jas. Collins, £4B 18s 2d and £1 8s costs: Wellington United Furniture Union v. John’ Hickman, £1 7s 6d and os costs: J. 11. Woodmoro v. Michael Collis, £1 and us costs; Kirkcaldio and Stains v. J. Strachan Greig, £l4 7s and Ids costs • Whitcombo and Tombs. Ltd., v. Charles 11. Dixon. £7 7s 9d and 8s costs; Matthew Mackay v. Horace rr. Hargood, £lO 15s 3d and £llos Cd costs. Michael Smyth and Messrs McHarno Brothers, dairymen, claiming £3. Mr Smith appeared for the plaintiff, and Mr Travers fAr the defendants. The Main-, titf was dismissed became lie did not come to work in time o'no morning. This was tho basis of the claim. Mr Haselden and the evidence was all ono way; there was no contradiction of the plaintiff’s story. So far as his Worship know the law,’ no master was entitled to summarily dismiss his .servant if that servant was temporarily disabled. It had to be considered that the time at which the plaintiff did nob go to work was four o’clock on the morning of the 19tii July, or about the middle of winter; the possibilities of sending word to tbo master at such an hour as that had also to be considered. It had to be assumed that tho boy was roallv ill. At nine o’clock on tho morning of the day in question ho made an effort and wept to the defendant’s place. He was summarily dismissed. This case might have a good effect of causing milkmen and others whose trade was carried on under exceptional conditions to make exceptional conditions with their employees. As a matter of law the plaintift was entitled to recover. Judgment was given for tho plaintiff for the amount claimed and .€1 19s costs. In the case of Joseph Andrews ▼. Antony Wcdigis, claim £4, the plaintiff was nonsuited with costa £2 17s. Mr Young appeared for the plaintiff, and Mr Gray for the defendant. Henry Fielder, of Manners, street, cabinetmaker, claimed £ls damages from tho Wellington City Council for the destruction of a mirror. Mr Skerrett appeared for tho plaintiff, and Mr Martin for the defendant council. The mirror "was on an express which was standing outside of the plaintiff’s shop. A passing tram-car struck the mirror, which was broken by tho collision. The evidence was conflicting as to the position of the express at tho time of tho occurrence, and on other points. His Worship said that in various little things tho s torv told by the witnesses for the plaintiff was corroborated by the testimony of the witnesses for the defence. Tho driver of a tram-car was not justified in pushing ahead if ho saw that by so doing there would be a liability that the car would do damage or injury. Judgment was given for the plaintiff, with £5 costs.