RESIDENT MAGISTRATE'S COURT.

Otago Daily Times, Issue 9137, 9 June 1891, Page 3

RESIDENT MAGISTRATE'S COURT.

Monday, June 8. (Bofore Mr E. H. Carew, R.M.) D. Hart (St. Kilda) v. A. Farquharson.—Claim £7 7s, for board and lodgings due and money lent.—There being no appearance of defendant, judgment was given for the amount claimed, with costs, by default, Liggins and Gibson v. John Tait.—Claim £23 5s Gd, on a dishonoured promissory note, — Judgment w»s given for tho amount claimed, with costs, by default. William B. M'William v. J. Donnelly.—Claim 14a 6d, wegea due.—Mr D. D. Macdonald appeared on behalf of the plaintiff, and Mr A. C. Hanlon for defendant.—After evidence judgment wss given for defendant, with 10a 6d costs.

James Sinclair v. Janus Donm-liy.—Claim £8 10s, value of certain clothing, tho property of plaintiff, and detained by defendant; and £3 damages for the detention of the said property.—Mr Macdonald appeared for the plaintiff, and Mr A. C. Hanlon for the defendant.—Au order Was made that tho defendant give Dp the clothes, and pay 10i aa damages for the detention of the same. William John Bush v. The Mornington Tramway Company (Limited). —Claim £50.—The statement of claim set forth that the plaintiff claimed from the defendant company the sum of £50 damages for that, on April 20,1891, the defendant company obstructed a certain street called Glen avenue with the .rails of their lines of tramway and did not keep the rails on a level with the surface of the atreet, whereby the express of the plaintiff was upset and damaged, the.plMDtiff and his horse wero thrown to the ground and severely injured, and tha plaintiff has suffered great pain, loss, and injury.—Mr W. Macgregor appeared for tho plaintiff, and Mr Solomon for the defendant company.—Mr Macgregor said that hiß Worship would remember that this casa was brought before him some three weeks ago, whsn it was adjourned at the requost of the defendant compony, on the ground of tho alleged illnesß of au important witnes?. In the meantime it wss mutually agreed not to go to any expense in subpoenaing witnesse' or in any other way until tho company had decided whether they should settle the case or otherwise Lost Friday, however, he (Mr Macgregor) was informed that the company intended proceeding with the aotion. Accordingly he got his client reexamined by a medical gentleman, who found that the patient was far from well, arid in fact there was a prospect of hia being maimed for life. Under these circumstances, of course, as his Worship would see, it would ba ridiculous to claim such a small snm as £50 for compensation, the plaintiff being only au expressman, and dependsut on hi 3 own exertions for a living. He (counsel) would_cot proceed with this action any farther, but would ask that the case be struck out.—Mr Carew said that such a conrse could not be followed. Plaintiff would have to be nonsuited. —Mr Solomon said that he had a different version of tha affair to tell. This w»b an action, »s his Worship would see, by Mr Bush against tha Tramway Company for £50, It was left to him (Mr SolomoD), as counsel for the defence, to see whether a settlement of the case should not be arrived at. After inqniring fully into the matter, he intimated to Mr Macgregor one day last week that he (Mr Solomon) was of opinion that the claim of Mr Bush was not & just one, and consequently the Tramway Company were advised to fight the matter out. Mr Macgregor asked him to agree to the case being struck out, and he (EEr Solomon) replied that he would, but he would ask the magistrate to allow him every sixpence of tho expense incurred by' hia side in the proceedings. He treated the application of Mr Macgregor as a mere subterfuge to get out of this case, in which they now realised they had no claim whatever. He prophesied that if the case were struck out, tbnt would b9 the- last they would hear of it.—Mr Macgregor: I prophesy that there will be a writ for £500 served on the Tramway Company in two days.—Mr Carew (to Mr Solomon): Do you ask for a nonsuit ?—Mr Solomon: Yes, jour Worship.—The Bench: I think the defendant is entitled to a nonßuit. Plaintiff nouanited, with costs (£6 6s 6d).