Magisterial.

Star (Christchurch), Issue 53, 15 July 1868, Page 2

Magisterial.

oumsTOuuucn. « Tim ADa.t. i

(Before C, 0. Bowen, Esq., IUI.) Thero wero no /police cases set down for hearing. „ i civir. CASKS, J. Kastricic and Sou v. Jonx Siiakd amd ■ _0.-v.— Claim of «C2B J TOd. balance of con- = tract for roofing and other Improvement* to a ' house. Defendant did not' dispute the amount : claimed, but demurred to the court expenses, ■ on the ground that plaintiff had not applied 1 properly for tho monoy. When ho paid the • ilrst portion of the contract, he requested ; plaintiff to wait a few days for Uie remainder,- * nnd subsequently sent word for him to call c for it, which was noc done, Plaintiff stated i that ho had npplicd twico for the money, and - * had waited at ono place for three hours to see defendant. His Worship therefore gave • judgment for full amount and costs. - J. ItioiiAnns v. J. llAnr.— Mr Wynn Wil-' liams for defendant. Claim of £40, value of horso alleged to have been killed through , defendant's ncgllgeneo in driving. The plaintiff said on the 21st of April he was riding from Christchurch towards Wccarton. When opposite tho Maori encampment in; Hagloy Wrk, a horse and cart driven by de» ... fcudant came into collision with tho mare he - was rid'ng, knocking there both down sind killing the mare, He was riding on the pro.. -a per side of iho rond, but did Hot see the Tcbl» ; * ole, as ho was looking nt tho Maoris in _K Park. Both shafts of tho cart were brokea, and ho had been threatened with ft summons far their value, Uo had offered to compro- r iiijio tbo matter by not asking anything for bis mare if defendant would forego his claim for > tho shafts ; * but defendant refused f tnis, and had summoned Urn ? !#{ 4s, Ho was still willing to' settl* the ,-£ matter if defendant would agreo ttf It. ,^lr William^ on, behalf of defendant,

doolinud to do no, but ngrcdd.to tho flummonn for value of iho nhnftn being decided by Iho result of the preHcni gauo, I'lalntilT, croug•exnmlnul by Mr Wlllliimn, iinld : A man named John Gammcl wm riding In company with him at i ho timo (if tho accident, but was nuhnrt diotanco In advance. It wns about half pnni nix, and almoot dark. Gaminel . wn« riding on the wrong «ido of the rond. 110 did not flco whero Oaiumol went when he met tho cart, but believed that ho hnd to go oif tho road in orier to got out of tho way. if h» (plnlntlff) hnd scon the cart, ho did not think he could havo got out of tho way in time, He Wftfl viding at an ordinary pace. Ho had not en any occnaloii promincd to pay for tho breakage of iho utiaftn. ■TobnGntnmol corroborated plnintlif's evidence, and on being cromn-xnntinc-d by Mr Williams, said i 110 wan rlfllriK ©n Ww wrong Aide of tho ro.id, but plsliilllf.wiifl ou tho piopor nido. It wai about flftocn'or twenty iiilihhoh pant nix, and almost dark. Whon they mot the cart wltnemi wont eiooo to tho footpath In order to get out of the way, but did not go on te It,! Noth himself and nl-dulifl! were sidier. Wittiefl.l had bud a glaiw er two, but wan not ln any way In toxics ted. 110 was naked for bis namo nfter tho accident by some ono nonr the earl, Ho would oweiir thut ho had not to go- -on to tho footpath in order lo get out of tlie. way of' the carl, In opposition, lo the djalai defendant suld ou the evening in question ho wns driving towards ClirlHtchunh at the rate of about aOvcn miles an hour, when on tho rino of tbo hill near tho Maori encampment he met two horflfttm ii, Tie did. not «»o' tbem ltulii;.iht-y came, o^itef the gully. .lip .wan driving on tho proper nido of the road, and one of tho horncmen (hint 'vlmef»i),lmd to go on the footpath to got out of tho way, After seeing tho hontomon, ho had not (hue to ayold a collbilon 'before it, took pliieo, plnliitlfl'n mnro being run : into by tho flhiifm and knocked ovor. The rond wan nil hor narrow. Ily plalntl/f i You wero bmh gnlloplng whon tho accident took plaoe. Two wItnCHHOH, who wero. riding . in (ho curt 'with defendant, proved te their being on tho 'propar nido of tho road, and the two horsemen bo; arntlng whon they mot tho enrt, Hiohnrda turning to tho loft and Onmnicl to the right, 'iho curt wn» bo clone to the footpath i«» fc') render it ImpOßHlble for a horflo to.pann between tho two, and tho result wad that Oaminci hnd to go on, to tbo footpath to got out of tho way, Hiil Wornhlp naid further ovldeijco 'wuh nnncconnary, a« it wiih evldont even from plaintiff and lilfl wltiK-flH' evidenco, that ho waa In the wrong, Judgment would thoroforo ho given for defendant with contn, I'lalnliiT agreed to judgment alao in tho coho brought ngalnut him hy defendant for vnluo of the broken nlmf to, Judgment for full amount and 'contn waa given In the following :■— Rov J. I), llalos v. Martin .Muddy , £M Ofl ad j John Peacock v. Thou, Ilooth, jC»«1 lOaj Jninei Gosn v, Thou, ClnrlcHon, fi'X} Ua,