MAGISTRATE’S COURT.

Taranaki Herald, Volume LXI, Issue 144145, 15 July 1913, Page 2

MAGISTRATE’S COURT.

TO-DAY’S SITTING. In the Magistrate’s Court today, before Mr. A. Crooko, S.M., F. William Little (Mr. A. Bewley) sued John Hoskin for 255. amount of damage alleged to have been done to his bicycle. Mr. H. E. Billing appeared for defendant. Plaintiff said that a man in the employ of defendant had delivered to his order a bag of coal, which ho had dumped in a shed, and which had utterly ruined the back wheel of his bicycle, on which it had fallen. _ There was, ho said, plenty of room in the shed, but the coal had not been placed in its proper place. - The shed was dark, for the man had not notified those in the house that he was there with the coal, in which case an electric light would have been, turned on. He understood that repairs would Cost about 255.

Mr; Billing did not call evidence. He applied for a non-suit on the grounds, firstly, that the claim now put forward was not the same as in the state'ment of claim; secondly, plaintiff had not given evidence to substantiate his claim; thirdly, the action had been brought against defendant, but plaintiff had admitted that he had not seen the man who brought the coal, and that, at any rate, if this man had brought it, he was only the servant of defendant, but that this also had not been proved. The Magistrate said plaintiff had failed to prove that the man who delivered the coal was a .servant of defendant. Also, ho had not seen the man. Plaintiff was suing for an amount for the repair of his machine, but had not proved what amount of damage had been done. Ho had no option other than to non-suit plaintiff.