MAGISTRATE'S COURT

Otago Daily Times, Issue 21997, 5 July 1933, Page 4

MAGISTRATE'S COURT

Tuesday, July 4. (Before Mr J. R. Bartholomew, S.M.) UNDEFENDED CASES. Judgment was given by default in the following eases:—Ford Motors (Dunedin), Ltd., v. Frank Williams, claim for costs (8s) ; J. A. White, Ltd., v. R. Johnston, claim £2 lis 2d, for goods supplied, with costs (£1 5s 6d). JUDGMENT SUMMONS. James Morrison v. Allan Gibson, claim £1 17s Id on a judgment summons.— After the debtor had given evidence Mr W. G. Lloyd, who appeared for the judgment creditor, said that he could not ask for an order for payment. JUDGMENT FOR DEFENDANT. The Public Trustee, as executor of the will of Alexander Murdoch, proceeded against the Calder Mackay Company, Ltd., claiming £ll 4s, the cost of repairing damage to a window in a shop in Rattray street leased by the plaintiff to the defendant company.—Mr W. D. Taylor appeared for the plaintiff and Mr C. M. Barnett for the defendant.—lt was stated in evidence that a roll of linoleum had fallen against a window and had broken it, but the defendant company denied that this had been due to the negligence of any of its servants.—ln reply to the magistrate Mr Taylor said that he believed that the landlord, under the terms of the lease, was under an obligation to repair the window.—His Worship said that this was a very proper admission. The only remaining question was whether there had been negligence. It could not be said, he held, that the company had acted otherwise than reasonably and properly, and in the circumstances it was not guilty of negligence. Judgment would be given for the defendant, with solicitor's fee (£2 2s).