MAGISTRATE'S COURT.

Star (Christchurch), Issue 17034, 7 May 1923, Page 8

MAGISTRATE'S COURT.

TO-DAY'S CASES. CHRISTCHURCH. Mr HL. T. Widdowaon. S.M.. presided over the sitting of the Magistrate’s Court to-day. DRUNKENNESS. Two first offenders for drunkenness were each lined 10s, m default twentyfour hours’ imprisonment. A third first offender was fined the amount of hi bail money, 20s. NOTHING TO SAY. Walter Gray was fined IDs. in default twenty-four hours ’imprisonment, for drunkenness. He was also charged with being found on the licensed premises of the Excelsior Hotel on Saturday at 6.55 p.m. ‘“ Guilty. Nothing to say,” said Gray laconically. He was lined 20s, iu default seven days’ imprisonment, on this charge. BESIDE THE SEASIDE. Andrew Price, for drunkenness at New Brighton, was fined 10a, with the usual default, and a. prohibition order was issued against him for a year. “ I PLEAD DRINK.” “ I plead drink and it’s the first offence I ever had against me,” said James Kirk, charged with having used obscene language in High Street on Saturday. The police gave evidence that Kirk went down the street with his coat off •houting to someone on the other side of the street. He was fined £3 and costs, in default one month’s imprisonment. CIVIL SITTING. In the following undefended civil cases judgment was given by default .with costs: —M. O’Reilly v. T. W. M Gilligan, £-5 4s lid ; William Henrv Armstrong v. Edward O’Brien, £5; Waimairi County Council v. F. C. Saddler, £1 17s 6d ; Emily Smith Allen ana Laura Smith Allen v. Elisabeth M Kenzie, £23 os (and possession); Siater, Sargent and Dale v. Charles Malzard, jun., £1 13s 6d ; the Distributing Agency, Ltd. v. G. Aston. £lB 16s 3d; George Green v. Arthur Parkin. £3 12s 6d ; Henry Gardler v. Arthur Parkin, £ll 9s 3d ; W. H. Simms and Sons, Ltd. v. S. J. Smith £lo; Miss M. Wallace v. E. Hutchin*on. £45 11s 6d; D. E. Wood v. J. H. Grierson, £8 18s; M’Whannell and Spanger v. E. Phelps. £8 os. CONTESTED CASES. W rUiams Williamson, estate agent (Mr C. S. Thomas) claimed from Augustus Thomas Saunders, a cab driver (Mr D. H. Hall), the sum of £3O Os 6d. It was said by Air Thomas, who outlined the case, that an employee of plaintiff named Ernest John Berry, one evening drove plaintiff’s motor-car and left it at dusk on the correct side of North Avon Road, with lights on. The horse attached j to the cab belonging to the defendant ran away, went down the street- on the wrong side, and. crashed into plaintiff’s car, doing extensive damage. As a result the plaintiff had to hire another car at the rate of £2 a day. After hearing the evidence, argument wa.s heard as to whether the defendant had shown negligence in the control of his horse, which had bolted from the stand at the Railway Station. The defendant had got down from his dickey and had been leaning against the back of his cab when the horse, for no apparent reason, bolted. He had not put the strap round the The Magistrate said that- it was the duty of the person in charge of a horse to keep in such a position as to maintain control over it. The cabman in the present case had not had that control over the horse when it moved off. The next point was whether the car was left in a negligent position and whether it was properly lit. It seemed quite clear that the car was not negligently left, and the fart that one light was out seemed to be due to the fact that it. was smashed by the collision. .Judgment was given for the plaintiff for £29 0s fid and costs. (Proceeding.)