COURT OF APPEAL.

New Zealand Times, Volume XXVII, Issue 5736, 3 November 1905, Page 2

COURT OF APPEAL.

JUDGMENTS DELIVERED. 'Their Honors tho Chief Justice (Sir Robert Stout). Mr Justice Denniston, Hr Justice Edwards, Hr Justice Cooper, and Mr Justice Chapman, sitting as the Court of Appeal yesterday morning, delivered judgment in the following cases, which had been argued before them during tho present session : the publication of a racecard. His Honor Mr Justice Edwards delivered the judgment of tho Court in the caso of George Cookslcy and George Henry Harris v. Johnson and Sons Ho said this appeal, although it had been the subject of a long and interestin" legal argument, must bo derermm<xf unon tho consideration of very simple facts. It was admitted that the race-card printed by tho respondents Johnson and Sons, in respect of v men it had been alleged that they pirated tho appellants’ race-card, was printed from original manuscript mattei supplied to the respondents by a man named Donovan. Counsel for the appellants had, however, contended that alter tho respondents had set up tho race-card in typo it was corrected by them from an uticorrected proof cl tlic appellants’ race-card, and that.was tho allowed piracy. Their Honors held that fu this case, on the facts, the presumption was against fraud, and there vas nothing whatever to justify a .“ ndu h= that the respondents were guilty ot fraud in the teeth of tho evidence and of tho probability of the case. Ibe corrections did not 'contain any or-g inal matter; and the information which they supplied was of a preciscly Sinn ar character to that contained in the bulk of the publication, which was admitted ly tho"result of Donovan’s ongma work. Tho. appeal was dismissed, vdh costs on the lowest scale. - ‘ i Bell appeared for the appellants, and Dr Findlay for tho respondents. THE PDIMMER ESTATE. His Honor Mr Justice Edwards read the judgment of the Court in the matter of Plimmer v. Plnnmcr. Tins uas a claim by tho widow of the late ' Plhnmer for an increase of the annuity payable to her from the estate ot hei deceased husband under an agreement of separation.. The lower Court bad directed that, in addition to the annuity of £l5O, she should be paid a lump sum of £IOOO. His Honor Mr Justice Edwards stated that it appeared that tho materials before the Court were insufficient to enable them to either allow or dismiss tho appeal. , therefore, directed that the case should be re-argued before the next sitting or the Court, and that notice of the proceedings should be served upon George Plimmer and Harry Plimmor, who were named in the testator’s will, and whose interests appeared to bo likely to be affected by the order of tho Court below. Tho Court expressed the opinion that Harry Plimmer ought to he represented in the proceedings, and directed that tho evidence taken should be printed by the trustees of the will for their Honors’ information at the cost of tho estate. A RAILWAY CROSSING ACCIDENT. Judgment was .given in tho case of John Herbert Hankins v. The King. The case had been removed into the Court of Appeal for argument. The suppliant had lodged a petition of right under the Crown Suits Act, 1881, praying for damages for injuries he had suffered at a level crossing on a Government railway line. The Court agreed that there was evidence from which tho jury might infer that the accident happened through the railway crossing being unsafe for wheel traffic by reason of the rails projecting above the level of the road, and that there was no contributory negligence on tho part of the plaintiff. The questions were whether there was an obligation on the part of tho Crown to beep the crossing in a safe condition, and whether an action lay against the Crown for injury sustained by a breach of that obligation. Their Honors delivered independent judgments, but agreed that a verdict ought to bo entered for the suppliant with costs according to scale, witnesses’ expenses and and with costs in the Appeal Court on the middle scale as from a distance.