MAGISTRATE'S COURT.

Sun (Christchurch), Volume III, Issue 873, 27 November 1916, Page 10

MAGISTRATE'S COURT.

TO DAY'S CASES. Mr H. W. Bishop, S.M.. presided at a civil sitting of the Court this morning. DAMAGE TO A FENCE. James Rogers, a retired railway servant, sued J. Sehnmacher for £5, damages alleged to have been done to a fence by horses, which defendant was : n the habit of turning out in a section adjoining that of plaintiff in Marlborough Street. Linwood. Mr Hunt- apnearod for the plaintiff and Mr Donnelly for the. defendant. Mr Hunt said that the horses had heroine a general nuisance, and had kicked several holes in the iarrah paling fence which separated the properties. Repeated notices had been sent to the defendant with reference to the matter, but all of these had been ignored. Evidence in svmport of th's was civen by the pla;n('ff. who assessed the damage to the fence ,nt £2, and by J. T). Sanderson, a neighbour. Mr Donnellv submitted that the question of nuisance did not concern the Court. The only point at. issue was the nctual damage done to the fence bv the hordes. He callo'l Andrew Clark, a builder, who said that 10/- would cover the repairs to palings that hail been damaged by violence. Manv other palinsis were damaged by weather. Arthur Rountree. anolher builder, said that he would undertake to repair the damage done for 10/- or 12/-. There was no wire along the middle of the fence. Judgment was for plaintiff for 40/and costs, the Magistrate describing the nuisance as an abominable one. and expressing the opinion that if defendant, allowed it to continue he need not be •surprised at the Court's awarding pun<tjve damage. Costs amounted to £3 10/6. UNDEFENDED CASES. Judgment by default was given for plaintiffs in the following undefended case?:: —The "Fama" Stonewood Co., Ltd., v. Arthur W. Brassel, £ls 12/B, costs 20/-; J. Harvcv and Co. v. H. Hill, £2 12/11, costs 11/-; Weston Bros. v. Robert Hillsdale, £1 8/5, costs 5/-; Jas. J. Niven v. Henry Wright, £ll 12/9, costs 30/6; J. BalInntvne and Co. v. Gertrude White, £.3 9/6,' costs 10/-; Walcot Wood (trading as N.Z. Provision & Produce Co.) v.; F. H. Roach, £2B 16/-, costs £2 14/-; E. W. Pigeon and Co., Ltd., v. Herbert Lewis, £3 0/6, costs 5/-; Sargood Son and Ewin, Ltd., v. Francis P. Lowry, £2 2/8, costs 10/-.