CIVIL CASES.

Otago Daily Times, Issue 3907, 25 August 1874, Page 3

CIVIL CASES.

Dr Barrows v. Smith.—Mr Stout, for the defendant in this case, against whom 'His Worship had delivered judgment for £49, now applied for a rehearing on several grounds. The evidence disclosed no negligence on the part of Smith, but much on that of Borrows. After addressing the Court on his power to make such application, he said ! the damages awarded were excessive, the only amount proved being £10 10s for repairing a coach. His Worship : The loss was set down at £100. Mr Stout: Set down, but not proved. His Worship : The horse was injured a little. Mr Stout: There was no evidence the horse was a bit the worse for ifc. His Worship : He said the amount of damages received was £100, and he would not undergo the same again for £10,000. Mr Stout submitted that the judgment was contrary to evidence; thtre was no ground for it, and all proof of negligence showed Dr Borrows to have been to blame. His coachman was a very unskilful driver, and the Doctor had caused a breach of the bye-law in driving round the corner of St. Andrew street at a jog-trot. He also interfered by taking the reins from the driver on seeing there was, going to be an accident. So pal- ; pable was the decision against the testimony I adduced, that he at once, without consulting his client, gave notice to apply for a re-hear-ing. Mr Stewart having been heard in reply, contending that His Worship's judgment was a just one, Mr Bathgate refused, the ap plication.

Martin and Watson «. Shackleford.—Claim of 14s, balance of account. Judgment for the amount claimed, with costs.

Logan i 7. Brown.—Claim of £17 16a lid, balance of accoxinfc. Judgment for the amount claimed, with, costs.