MAGISTRATE'S COURT

New Zealand Times, Volume XXXIII, Issue 7974, 4 December 1911, Page 2

MAGISTRATE'S COURT

-SATURDAY, DECEMBER 2. (Before Mr W. G. Riddell, S.M.) SHIP DESERTERS. Patrick Needham pleaded guilty to a charge of deserting-from the New Zealand Shipping- Company 3 a steamer Rotorua 011 October-18th- last, and was soateaoed. to. one month’s' imprisonment. „ ‘C/j;" A charge of deserting from • the Italian. ; ship Australia*\JAst~: August .was preferred against Oresti Mllleti. who pleaded guilty. . pi a worship, orderea that if a reply was received from the captain of the ship (the police having sent a telegram to Mm)_the accused was to be sent to Auckland—where the vessel is .lying—that day in order that he might bo placed on board. Failing the receipt of an answer Miletti was to be remanded until - .today, , H ’ DRUNKENNESS. Michael. Kiely was fined 20a in default. seven days' imprisonment, for - insobriety, and was convicted aud-fined £3,in default twenty-one days' imprisonment, f0r,.,, a breach of his prohibition order. • On two other similar charges Kiely was convicted and discharged. - ' ; 1 Bruce MaLoader, for committing a breach of the conditions of his order, was fined £2. in default seven’days', and was convicted and discharged for drunkenness. David Taft, who was to have been charge od with helpless dmnknenesa, was remanded for a week's medical treatment. A fine of ss, in default twenty-four hours, was inflicted on John- Marshall for drunkenness.- ’ (Before Dr A. McArthur, 8.M.) DAMAGES CLAIiLED. .The.case in which the sum: 0f.£66 13s 2d svaa claimed by Beatrice ABiy Pinnock, carrying on business 'as- the Arcadia Taxicab and Touring-c-ar Service, f ‘from John Koir, contractor, Wellington, as was resumed before Dr a- McArthur, B.M. I'he action' arose out of a coilision which occurred between one oi plaintuf’a cars and a lorry alleged to have been owned bv Keir, on the Hutt road.on the evening of October 14th lost. Included in the amount of the claim was loss of profit stated to have been incurred during the time repairs were being undergone to the car. Mr G. Samuel appeared for plaintiff, and, Mr P. W. Jackson for defendant. . When the hearing was commenced bn Friday it was contended on behalf of. plaintiff that the car was badly • damaged, one df the passengers had an ’ arm fractured, and the driver of the lorry was on his wrong side and was driving without lights. It was hold that defendant was liable because of the negligence of his servant On the ease being resumed on Saturday, Mr Jackson, in denying that there had been any negligence, submitted that even if the driver of the lorry had boon careless the chauffeur could, with ordinary care, have avoided the collision. As he dad not exorcise ordinary care, he was guilty of contributory' negligence. It was further contended that as the driver of the lorry was not., defendant’s servant, but an independent contractor, defendant could not be held liable* • The defence admitted that there was only ■ one light on the lorry, darkness not having, properly eot In at the tnn© the collisicjri occurred. After hearing 'evidence for the defenoo his Worship reserved judgment.