COURT REPORTS.

New Zealand Times, Volume XXIX, Issue 6361, 8 November 1907, Page 7

COURT REPORTS.

Til i;]!''DAY, I.'OVEMrjEIS 7.

COMPENSATION COUNT.

WOBEISON v. THE MANA WA'i’tJ ' KAIL WAY < •()•■' I'A NY. Hi« Hrnim- Mr JusUco CViripor ami Hr H. K (,i>i|.;!iton l*w:™r for lhr« rlan'iW.t) »n.l M r A. 11. Milrtt Uu,;<w<r for lbt> ror/ipany; ron.sljtui:c-fl a ( oinn.w«ali<»ii Court to hoar and (Irtoriumc lh<> claim of John [.aim Mnrri.M from Ihi) Wellington ami Al.ma.watu l.'iulway a Cui«liuiiy lor .IHKS. kuml to Im* the valno ■tot an urea of 1! iwl« •« porehfs <rf bind had Ih'OH liikmi l>y Uni company for Uic pii r[K/: .■ of llmir railway" 11110 under (:h<- I’ublir-. Wol ks Act. A! r J'l. V. Iliimiv appiv.rml for the cknni•,nt. and Air .1, 7'. Campbell for the rer'«iiipi:iiy. Mr Runny informc-d Um Court tnat the parties had failed to agree as 1.0 the value of Uic land taken. which was situmti’d j».longride tho rail way station ami in , liio township of Raraparaunui. J Ills Honor remarked that one of tlio tkisc&arH laid already seen the land wfaxen tho Court was asked to value, hut the oumr mem ben; of the Court liad not, had that advantage-- , . .. Onnsel on lx»th rideu agreed that it lUiv.’Hable that all the members av the < hurt bhoaltl examine the land. The qrmstion of whether the Court should view the locus in quo, was allowed to

uLuxl ovur in tin* meantime. William O. Uwrfi/ii surveyor* stak’d that ho luid surveyed tho land in ll>os. It wus, in opinion, tho best bund in tho district, or. at all events, as good uti any other. it was loved, and there would bo no difficulty in‘ pulling -it to use for building purposes. Uo considered tho land to bo worth £2 pur iOOt. ( ■Ono wotion was a suitable site' for an lxit«l, and tho otheri? for building purposes. Tm* claimant, Jolm L, Mornson, a , lElmop-fanner. nave evident Hurt ho Vi’fiuld Piot soil fcho rmil.iinir Inn 1 luhl been i token bv the respondent company tor less than .Si per foot, ami bo would bombsJl,>d if tlio railway company took only inilf the land, and allowed him coinpenisation for tho balan-co. Ho did not want to sell tho property at all, ae ho wished to orcct a flax mill there, because it was especially suitable for such a purpose, as it was close to tho railway station. In cross-examination the witness said I ho purchased tho land from a native m aftOS, and previously ha had a twoiity-ono years’ lease, which was reipslcrcd, or six mires. This leant* included the 3 roods ■t poTohcti for which ho now claimed -E4bS. Ho based his claim upon tho fact that it wan one of tho finest flections for on orchard or jtarden or residence rite alonK tho line between hero and Auckland, and wns worth SA per foot, rf it was worth anything At nil. . , - James W. Breath waits, town clerk of Johnsonville, and a\f*) an auctioneer and land agent, said ho had had &omo eix voaj‘l7’ experience of land dealing along tho railway lino as far as Lc.vm. dn.kis opinion Morrison's land, the subject ot tho claim, was especially valuable, because it had two frontages. That at tho roar of tho sections afforded unusual facilities for loading and unloading goods. The values of Jana in the district had torn steadily rising, awl Morrison a proportv ho regarded fts being worth at the peasant time about .CS9U. In answer to Air Campbell, tho witness HI hi Ik* had not livid in Paraparnumn. nor had any land dealings m the jdaoo passed through us hands ; but ic had a general knowledge of tho dietriot, and from that Iciiowlcilffo ho Ins valuation. In lus opinion Parapanomra oould,bo dignifiod by tho htlo of a "township.” , , , Benjamin Dawson, land agent ana valuer, said ho regarded Morrison s section.) as ospeotally valuable, m tho tonlonoy hmv been, .towards a steady m-(x-osso all along tho llanawatu lino m iand values, and Morrison-b sections wore undoubtedly tho host in I‘arap.araumu. Wosere ITederick Brady, William J. Sowed and Charles W. Baker .also gave avidenco, tind this dosed tho cvklodc© ior the okumant. Ur Campbell briefly opened tho case Xar tho respondent company. He said that in. April. liX>s, tho claimant Morri»on purchased hvo acre* Uireo roods and peventeon porches from the native owners for ikiW. Now ho claimed from tiio rcBpondout company for tho area which hud boon taken from the lands ho had purchased which was a sum proportionally equivalent to on increase of upon tho sum of £2OO which ho paid Dor the whole area two years ago—an increase of something like 1800 per 1 cent. As a matter of fact, Paraparaumn had remained quite, stagnant, although during tho past live years there had been four or five houtHS added to tho place. *ihoro hod been no appreciable increase erf settlement in the neighbour hood, ; Harrison's sections .wore inconveniently situated in regard to ! tho railway station. Unless a person living on those sections committed a trespass h© would havo to walk round a distance of several chains. liVancis Bailey, who had at ono time s>c«in a storekeeper at Paraparanmu. said in answer to ALr Campbell that he owned two roods thirty-two porches near to the railway station, and the property wan valued at JTI3S, He thought his property was of greater value'than Morrison's was. His soefciona were not oa largo in area ae Morrison's, but were three or four times their value on acoonmt of tho fact that tboir situation rrnfl A considerable portion of ftftrrrisoii's land was shingle, and a good deal of material haul been taken for roird-malcing purposes. There were about twenty-five buildings in the town-

jditp proper of Parapaninmu, and a few Iktstur hrA boon erected in tho outnkirtw <>f tho township. During the last five yeara there had bom built some four

or fire cottages in the neighbourhood. Tfho witness valued Morrison's property fit frtnn XSO to £GO, because it was each a narrow and long strip, To witness's hnwiedgo, there was no demand in Pnrtfcpocautnn for the erection, of busiT>e*ts premises. and buildings erected on MtrrrwoTr'fl land would not be suitable fbr private residences or for coiiagcs, as the railway company provided oottagee for their employees. There had been a flfixmiTl there, at one time, hut Ifc had to cease wort:, and was removed to Waikanao, because there was swt sufficient flax to keep the mill at 2*amx»antmnu going. James Marsh banks, engineer for the

Tcsporkdoixt company, ©aid that there nronvk! bo Irttlo actamtatfo to persons tmrchwtng th© claimant's so far m their vicrmity to the railway station was concerned, because tho station gates would bo locked during a considerablo portion of tho day. Charles S, Brandon, who had owned a considerable area erf land in the neighbourhood of Paraptvratrm'n. gar© evidence at length a* to the prices he had roooiwd for land ©old by him in that district.' Evidence was also given by Eenja'adn Lynch. Tho evidonco was not ocmchrdod when Court adjourned for tho day.

AEKmaATIOH COURT. COSCPTOSATTON CASES. jßoftno Iris Honor Mr Justioo Sim (president), Mr S, Brown (employera' ropresmtathro), and Mr R. Slater (rrmployecar’ representative). THE VALTTB OF FTNOBRS. Antonio Prankinberg, a widower (Mr O’Kognu). proceeded against tho Tlud-urirt-Parker Co. Proprietary. Ltd. (Mr JN. Tripp), for -C3OO compensation- for in- ) urirs received whilo working as a ■devedoro on Uio Zealandin. on May 2-ith, WO7, whereby ho lost tiro fingers and :i third, was rendered useless. Mr O* Regan said tho ciiso was pracMcjilly ono which had been stated to the

Court for the purpose of assessing tho amount of compensation to be paid. I)r Ewart deposed that he had operated on defendant, amputating two fin{'ers of his loft hand, while a third was stiff and useless. Claimant’s general health was good. Uhiintitf stated that ho had nerf ber-n able* Uj do any work on tho wharf sinro Hie accident, and also found diffif;n|l v in getting work anywhere. 'Ur Tripp having addressed tho Court, his Honor said the matter was simply one fur calculation as to the amount of r r.nmunsuHon to be paid. Both parties intimated that they wore deUrous that a lump fmm should bo granted. Tlio Court awarded a lump sum of Jj‘JuD. in addition to JSX3 ICs Gd which had N?imi paid to plaintiff since the aceident, with ik r ; T/s costs, dwboreoments, ami oxpenr^es. A BAD SMASH.

David Henry Tobin proceeded against the Now Zealand Shipping Company fon .isU\) compensation for injuries sustamchl while working a.s a stevedore on the ihirakina, on March 15th, whereby, he suffered a fracture of the left thigh, a dislocated loft hip, a broken collar bone, spinal injuries, and other internal ini ark's. Mr O’Began, for the applicant, said claimant's injuries had totally And permanently incapacitated him, and Court was simply asked to assess the amount of compensation payable. Plaintiff's employers had boon exceedingly fair to Tobin since the accident, having paid him more per week than they wore required to undor tho Ace. Evidence having been given by Dr Ewart as to tho extent of Tobin's injuries, it was intimated by Mr Myers that the sum of ,£GD 18s 6d had been pa.k* to Tobin since tho accident. Tho facts wore Tiofc disputed, the only question bring tho ono of tho amount. Tho Court awarded a lump sum of JJ22O. in addition to ~C6f> 18s Od already paid, with „C 55s costs, -disbursoincnts, and witne-seros' expenses. AN OPvDBB. CANCELLED.

An application was made by Edward Scagar,” ironfoimdor, for a review of tho weekly payment mad© to Thomas Phillips as compensation for accident, on tho ground that Phillips’s earning capacity was cqiml to or greater than lus earning capacity at tho time of tho accident, .€2 ie per week. Mr Blair appeared for tho applicant, and Mr Willord for tho defendant.

Mr Blair stated that Phillips at tho time lie mot with the accident was earning a shilling pci* hour. Since the accident Phillips bad earned. or received money for years amounting to tho rate of Is per hour. Evidence haying been given for the applicant, Mr Wilford, for Phillips, contended that tho man's earnings had boon loss since tlio accident than beCore. Although the rate might boon Is per hour, the witnesses had stated that ho had not averaged J 22 4a per week. The whole thing to be considered was whether the- loss of tho eye was such an incapacitation that the remuneration was to bo kept on. Tho remuneration of 4s a week which Phillips was receiving should not b© altered, because it had not been proved that defonciunt could earn *£2 4s a week, tho amount on which compensation was paid. Tlio Court, in giving judgment, said the evidence showed that at tho time of tho award of tho Court in 1903 claimant was earning at the rate of Is per hour, and the evidence called on. behalf of Seagar showed that for a period of three years claimant had been working for the Gas Company, and was being paid at Is per hoar. That evidence showed that claimant's earning capacity during that period was not diminished by reason of tho accident, and an order would be made to cancel tho payment of 4a a week. Tho declaration of liability made in 1903 would, of course, stand, so that if at any time claimant was by reason of the loss of his eye not able to earn Is an hour ho coaid come before tho Court again. A BEOKEN LE<j.

Adolf Snell (Mr. Treadwell) claimed compensation from the Campbell Land and Timber Company, Ltd. (Mr _ Mentoath), for injuries received while m tho diesuaurg© of his duties on the company's ’’works at T© Horo on April 17th last., j Tho claimant stated that he slipped on I tho company’s tramline in front of a truck, which passed over his left leg, enuring a fracture and permanent disablement. Ho had received .£lO on account for compensation. He claimed £1 per week, and asked that tho earn© be paid in a lump sum. Dr Pyfl© stated that the claimant's leg was about 4in short, and very stiff in the knee. 110 would never be able to do any heavy work, his disablement being permanent.

Dr Bcgg said that from present indications he should judge that the bon© of claimant's leg had been very much splintered at tlio time of the accident. The knee-joint was capable of very little movement. The leg would never improve to any great extent. Claimant would never be able to do any heavy work, or any lifting, For tho respondents. Dr Faulk© gave similar evidence. Ho thought that Is per day would bo sufficient compensation.

The Court awarded claimant a lump sum of £2€o, reckoned on a basis of jfl per week. Costs amounting to £lO 10s were allowed, together with witnesses' expenses.

The Court will commence the hearing of industrial disputes on Monday nest at 10.30 a.m. The parties in the cooks and waiters' dispute are required to attend at that hour, when judgment will bo given in the enforcement cases, which wero argued on Wednesday, A date will also be fixed for the hearing of the industrial dispute. The Court will then proceed in the hearing of the Wellington building trades labourers' dispute, the plasterers' dispute will bo taken at 10.30 a-m. on Tuesday, the timber-yards and sawmill-workers' dispute at 10.30 a.m. on Wednesday, and the butchers' dispute at 10.30 a.m. on Thursday.

BLA&ISTRATES’ jurisdiction. (Before Mr W. G. Riddell, SAL) Mary Cahill, alias Oacccdl, and E&izaboth Atidgley, who were charged with having insufficient lawful means of support, were convicted and ordered to come up for sentence when called upon, on condition that they enter th© Salvation Army Homo for three months, Gsrrrge Melville, for unlawfully deserting from the Arawa, on which he was an articled seaman, was ordered to forfeit a fortnight's wages, or go to gaol for seven days. James WiLsio, a* seaman of the Mahen a, who pleaded guilty to theft of a bicycle, valued at £7 10b, th© property of Thompson and Brown, oiaiming that ho had been too drunk to know what ho was doing, was fined -62, with costs 6s, in default seven days' imprisonment. Robert HcN-aib, who was deemed to be an idle and disorderly person, in that he habitually consorted with reputed prostitutes, was sent to gaol for three months. On a further charge of having insufficient lawful means of support the same aooaeod wa© sentenced to three months' imprieonmcoit, the sentences to be .concatrrent.

CIVIL BUSINESS. (Before Dr A. McArthur, S.M.) UNDEFENDED CASES. Judgment vrao enlerod tor plaintiff in tho following undefended cases:—Townsheaid and Paul v. Dye Chum, -624 14s, courts £2 146} Arthur Lltfciebury v. Joseph Hooker, caste cnly, 12s; Tanner Bros, r. Chas. J. Moroten, -61 4s Bd, costs ss; Wellington Biscuit Co. v, Reginald T. Wcarne, -SIS 6a Sd, cost® -61 10s 6d; Commercial Agency, LM. t v. Wilburn H. Smith, -63 4s 6d, costs 10s; tho same v. George Beresford Maokay, ,£l6 Bs, costs £1 10s 6d; Wellington (ia© 00., Ltd., v.

Donald MoKcnvde, 15s, costs Louis Henry Uoaro v. Mary j.oi>c, JA, costs 13s; C. M. Banks, Ltd., v. Victor Mori, Xfls, cads ss. JUDGMENT SUAtMONSBS. John Bailey was ordered to pay to tho Wellington Co., Ltd., on or before November 21st the sum of 7s Gd. Hoary May was ordered to pay to H. Boockef the sum of X 3 Os by November 28th. No orders woro made in tho foEowing ca^es; —(j. and A. Odliu v. William D. Clark, a debt ctf £o Os Iflrt; tho same v. Willkun J, Holmes, a debt of £H 12s; Dr Baxraclough v. Richard Pratt, a debt of .£4 6s. DEFENDED CASES. Mrs Matilda Hart su<xl Macdonald, Wilson and Co, (Mr McGrath) for £3, for goods bought at auction and not delivered. Judgment was given lor defendant with wsttf -Cl is, Ailotm Jauncey (Mr Farr) and Kathleen Jordan (Mr liesrdmau) for -217 for 'damages, medical and wages, etc., lost, it was altegetn through injuries received by plaintiii through defendant ae«aulting her. The parties were fellow-servants, and tho trouble arose out of a squabble over some firewood. His Worship gave judgment for defendant, without costs. 1 A SHEEPWORRYING CASE. Judgment was delivered by Dr A. Mo* Arthur in the case at Frederick Biel (Mr Wilford) v. Henry lamest Leighton (Mr 800 re). Plain tilt alleged that he was the owner of a greyhound named Gibraltar, said tlkut defendant was detaining the dog against plain tin'« will. Plaintin thereforo claimed possession of the dog and damages for tho wrongful takini*’ and detention of tho same, or tho value of tho dog, «£IOO. Tho defendant coiuiter-clnimed the sum of JHO lbs for the value of seven sheep worried and killed by tho plaintiffs dog, and damage done to three sheep worried and seriously injured by the dog. Particulars of tho counter-claim were os follows;—Seven sheep kiacd, at ®£l 5s each, £& 15s; three sheep seriouslv injured, damages, cfil 10s; expenses of burying sheep, ss; total, dCIO 10s. His Worship stated that tho dog had been returned, the claim. Doing, therefore, reduced to one of X2O domagoe for the retention of the dog. Mr Wilford raised an objection that the Hull Park trustees could, not lot the racecourse for grazing purposes. His Worship was unable to get u copy of the ordinance under which tho trustees hold the racecourse, but counsel not having produced anything to tho contrary his Worship was, of opinion that the trustees wore warranted in leasing tho racecourse for grazing purposes. The defendant produced a receipt from the trustees showing that at tho time of the alleged worrying h© had acquired from them tho rights of grazing, tlis Worship, therefore, considered that defendant was not a trespasser.

The dog was detained lor some three or four days, but in the opinion of his Worahip it had been rightly detained, and was on© of tho dogs which had been worrying sheep. The witness Adams was positive as to the fact that h© hover lost right of tho dog from th© time that ho saw it worrying th© eheop up to the time h© caught it. Judgment cm th© claim would b© for defendant with costs, and on th© couarter.claim defendant would bo allowed £l, for eheep injured.

A BILLIARD-TABLE DISPUTE. Mr W. 0. Riddell, S.M,, delivered judgment in tho case of Arthur Francis (Mr Neave) \< Wright, Ranish and Co. (Mr Dunn), a claim, for £3(5 7s damages for late delivery of goods. His Worship found that defendants had agreed to deliver the tables by a certain date, and that plaintiff had incurred certain loss through defendants' failure to deliver the table© by that date. Judgment was given for plaintiff for £34.17© tid, and costs £4 10s fid.

At Mount Cook Police Court, before Mr T. S. Lambert, J.F., John Beddington, for being drunk in a public street, was convicted and discharged. William Milligan, for being drunk in the bar of a hotel, was similarly dealt with. Isador Jacobus was convicted of drunkenness and fined ss, or twenty-four hours' imprisonment; William Telfer, for a similar offence, was fined ss, or a like alternative.