SUPREME COURT.-CIVIL SESSION.

Otago Daily Times, Issue 851, 13 September 1864, Page 5

SUPREME COURT.-CIVIL SESSION.

COMMON JURY CASES.

Monday, 12th September. (Before His Honor, Mr Justice Richmond.)

The Common Jury Cases of the present session ot the Supreme Court, came on for hearing this morning before his Honor Mr Justice Richmond who took his seat on the bench at eleven o'clock. Marshall v. Greenwood —When this case was called on, it was announced that it had been settled out of Court. A DANGEROUS BULLOCK. Philip Kbown v. W. H. Mansford.—Mr Wilson appeared for the plaintiff, and Mr Prendergast for the defendant. The counsel for the plaintiff, in opening his case, stated that on the 20th of November, 1863, the plaintiff was going along the road with his horses, when a bullock belonging to the defendant rushed at one of the horses and gored it, so that the horse was rendered useless. The horse cost the plaintiff LBO, and he was thrown out of work, and met_ with other losses, in consequence of the destruction ot his horse. He claimed damages to the extent ot L 175. Mr Wilson was about to call his witnesses, The Judge said he saw no mention in the declaration or in the counsel's opemug, that the animal was known to the defendant to ba dangerous or furious. He did not think there was any cause of action. There was none described m the declaration. Of course, the plaintiff conld go on, but he (the Judge) would have to tell the Jury that there was no cause of action.. Mr Wilson said he would accept a non-suit in deference to the expressed opinions of the Court. Plaintiff non-suited. The following nine cases on the ust were either put to the bottom of the list, or adjourned for a few days, on the application of various Solicitors. CLAIM FOR WAGES. Thomas Mallen v. John Bullock.—MiBarton appeared for the plaintiff, aud Mr Wilson for the defendant. The defendants solicitor asked that the case should bepostpotied, as tie was not ready to go on. One of his principal witnesses was iv Stewart's Island, and the case having been so far down on the list he was not prepared to be called upon to go on that day. Mr Barton objected to a further postponement, as the ease had already stood over since June last. Mr Wilson said he was not present at the settling ot the issues, and was not aware that the case was to come on this session until he saw it in the published list. The Court ruled that the case should go on. Mr Wilson then stated tbat he would not appear to defend the action. _ i The plaintiff's statement was that xxx Novem--3 ber, 1863, he was engaged by the defendant as an engineer, aud to make himself generally useful, at the rate of L 3 per week, to proceed to Stewart's Island for six months. Under this agreement the plaintiff commenced work on the 9th of November, but during tne

course of the day he was a?ked to en in side one of the boilers to fix some rivets This he refused to do. and the defendant discharged hira. That same evening the defendant again engaged the plaintiff under a verbal agreemeent, as engineer only, at the rate of L 3 per week. Under this agreement the plaintiff worked from 9th November to 17th February, when h& was again asked to do laborer's work. Herefused, and was again discharged' by Mr Joseph. Bullock, at Stewart's Island. He had then worked 18 weeks and three days, including overtime, for which he claimed L 55 15s. and an additional LlO for Ids expenses to and from Stewart's Island. When plaintiff was discharged he asv:ed Mr Jospph Bullock tor^a settlement, but that gentleman referred hira to Mr John Bulloch of Dunedin. He then came to town, but the defendant refused to pay his claim, stating that he had been engaged at the rate of L2los per week and not at L 3, as the plaintiff averred. This terminsted the case for the plaintiff, and as the acti ;n was undefended, Mr Barton did not address the Jury.

The Judge briefly summed up the case, and asked the Jury to nssess the amount of the plaintiff's claim. He did not advise them to grant the travelling expenses.

The Jury found for the plalnti&ia the sum of L 55 15s. *.: .;

Hildreth -v. Trtjmak; — la. this case Mr Harvey t withdrew the record, stating that the plaintiff was at present out of town.

The case of LJiu.ee v. Shrimski, and Armstrongv. Armstrong were, upon application of counsel, put at the.foct of the.li^t. , : ; In consequence of these alterations, and there being none ofthe other cases .on the list ready to be proceeded with, J

The Court was adjourned to this (Tuesday} morning, at ten o'clock.' ' "-;• The first sis'cases set down On the list for hearing this day are: —=• Heaps v.' Bowden, Maegregor v. Macgregor, Forsyth v. M'Leod^ Dickson v. Warren, Morgan v. Pollock, and Clark v. Finch.