R.M. COURT.

Wairarapa Daily Times, Volume X, Issue 3259, 18 July 1889, Page 2

R.M. COURT.

GRM'TOWN—WEDNESDAY

James Gibson, tailor, v Eicbard A. Butcher. Judgment summons. Mr Tate, who appeared for the plaintifi, said he had received a telegram from Eketaliuna, where Mr' Butcher was, promising to pay £1 per month, first payment to be made on Saturday next, As this was tantninonnt to an admission that he was able to pay, Mr Tate said lie would accept the offer, Mr Atchestfi, solicitor, said the offer to pay was made, provided the matter was kept out of Court in order that it should not get into the papers.,

Mr Tate said ho would not accept the oiler ou such conditions. . He would, towever, accept it apart from that. Order granted,

.G. W. Kempton v J. Ridyard Claim 10s for window broken hi defendant's boy. Judgment foi plaintiff.

John Tooker v Willason and Muntz, for goods supplied LI 10s, Judgment for plaintiff with costs.

M A STEETON.—THUESD A i!

(Before Colonel Roberts, R.M.) - CIVIL CASES. Several cases were settled out ol Court, and in others summonses were not served. Pritchard v. J. Elley. Claim wages £Slss—five weeks at 15s. Mr Beard for plaintiff, Mr Pownal for defendant.

Mr Pownall applied that the cas should be struck out as no particu lars of dates had been submitted. On the application of counsel 1 ! solicitor, the case was held over til two o'clock.

Samuel J. Russell v. Job Bassett, -Claim £5 2s. No appearance ol defendant, Judgment for plaintif with costs fis.

Wm, Shaw v. Pryor Gilbert. No appearance of defendant. Judgment for amount claimed, 15s, with costs 6s. Joseph Oates v. John T. Duff, claim £12125, dishonored promissory note. Mr Pownall for plaintiff. No appearance of Defendant. Judgment for amount and costs 28s, 0. 11. Miller v. Alexander G. Stewart, claim £IG, for use and occupation of premises, Tinui. Mr Pownall for plaintiff, Mr Beard for (lefondant.

Plaintiff stated lie had agreed to let certain premises to defendant for a year up to March 10th, 1889, (duplicate of agreement was put in and objected to by Mr Freeth as being improperly stamped.) Mr Pownall said he put tho docu. Mont in as a copy only, Mr Freeth objected to any evidence being taken upon the document until it wag proved that the original was properly stamped. Witness continued, defendant was in possession of the boarding-house and premises on the lGth March last, and for sixteen weeks subsequently. Prior to that defendant paid £1 a week for the premises. Mr Beard objected to the last statement being taken as evidence without the production of the agreement,

Mr Pownall said he would provi his case without the agreement. Witness said he had not received any rent since March Gth, and tl» money was still owing

Cross-examined: Was suing defendant for rent of premises and paddock, that was all he was claiming and he based that upon a previous agreement made. Received notice produced from Mr Elder, his landlord, Mr Elder claims possession of the property at the present time, and there was a dispute between him (witness) and Mr Elder, Had received a notice from Mr Elder "to givo up possession, Mr Elder claimed to hold possession at the present time. Defendant intimated last January that he did not intend to continue occupation, and asked him to take them back at a valuation. Mr Elder gave authority to Mr Stewart to enter and take possession of the premises on his behalf. By Mr Pownall: Could let the premises at the present time at LI a week. Had not giveu up possession of the premises. Mr Pownall called tho defendant who said he occupied premises and 120 acres at Tinui. Went there in March 1889 on Mr Elder's account. Mr Miller gave him possession in March 1888.

Mr Freetli objected again to the evidence of the original agreement being discussed, and read his authority, Mr Pownall to witness: Did you ever give up possession to Mr Milicr. Witness: I object to answer that.

Mr Pownall; Oh! You are 0110 of the objectors too. You are not an officer of the stamp department, we you ? Wjtnpss: Nn.

Did you givo Mr Miller notice in writing, Yes. Have you a copy of the letter. No, Then I object to that, It's my turn now, Mr Beard: Who wroto the letter on your behalf. Witness: Mr Pownall. Mr Beard: Oh I Theu you do not object to the letter being put in now, Mi' Pownall. ' Mr Pownall: Oh no. Witness; Held the premises at the present time on behalf of Mr Elder, and had done so since March last. Mr Beard submitted that plaintiff must he nonsuited as nq tonanoy was proved. The defendant bid the premises under arrangement with Mr Elder. The question of title as to who held possession pf tlieiand was i|i dispute and the Kesident Magistrate had no jurisdiction. Mr Pownall said a tenant is stopped from disputing the title of his landlord, Defendant admitted that ho held the promises originally from plaintiff, and was responsible to him for the rent. He submitted there was no question of title in dispute. Once Stewart held from Miller until lie gave up possession lie could not enter and take possession for a third party. In deciding this action he submitted His Worship would not be deciding the question of the title of the land. Plaintiff was nonsuited.

Hugh Bellis and wife v. Wairarapa North County Council, claim i 25, compensation fpr accident occasioned to plaintiffs tbvougli defendants leaving a portion of the Teßuj iijiiin road in a darigevous •Mr Eownall for plaintiffs, Mr Beard for defendants.

Hugh Bellis, plaintiff, deposed on §tli April last, about 0.30 p.m., ho driving home in compaoy witl) his Tyife and phild to Tiinii,' when l»i? vphiele >yas capsized ftvotigji. coming In contact with a heap of: metal, and falling into an excavation, The occupants weryall thrown out,

The depth was about eight inches and the breadth two or three feat. The child's face was laid open with a severe cut, and Mrs Belliss was badly bruised' about the head and body. Jlrs Belliss has not yet recovered from the shock. Was driving at a pace of about six or soven miles an hour. Had not the slightest idea thero was a gap in the road. There was no light placed on the spot where tlio accident occurred. The vehicle and harness was also much damaged. ByjMr Beard: Could not lie coiild particularise the claim. Tliv matter of, compensation he woulu leave to the judgment of the Court. His claim was a moderate one. If Mrs Belliss' illness continues it may cost witness £500,0r perhaps £IOOO. Mrs Belliss been well enough to manage her household duties. Could not say whether Mrs Belliss had attended a ball or teafight since the accident at Tinrj, The night on which the acijk, dent occurred was a starlight one,7 the moon being about three days old. Would swear that the roadman was not employed metalling at the spot where the accident occurred, when he first passed. He attributed the cause of the accident to the vehicle dropping into the excavation and striking a heap of metal that was left on the road. The shock caused witness to be thrown over the splash board, Had the metal been spread witness felt sure the accident would not have occurred. Came along the road the next evening but did not see the roadman there. On occasion he met the roadman, awl pointed out where the accideut happened. Did not have any lights .on Ilia Tehicle, as he thought there was no necessity, The Council had no' by-law compelling vehicles to carry lights on this road. Had met with a buggy accidont on the Opaki some time ago. On that occasion he had lights. Could not particularise his damages. By Mr Pownall: His reason it not carrying lights, was, kcuuso ho could see objects on the road far better without them. There was no other cause for the accident than the unfinished state, of the road. Wituess thought £25 a very moderate sum.

To Bis Worship: Tlio excavation was not a natural one but one made to put metal in.

Alexander Walker, settler, knew tho County Boad on which the accident happened. Travelled over it on the same day as Mr Belliss met tlio accidont. On the morning folloijv ing the accident witness noticed M the chasm in the road. The hfc was about six inches deep and three feet wide, The gap extended acrosss the road. Spoke about the dangerous state of this portion of the road to several settlers.

By Mr Beard: First noticed tho excayations on the Friday afternoon, when a man was working at it, The road was worse on the Saturday morning than on the previous day, more excavating having been done.;w, , When witness crossed, tho metal* had not been battered down.

James Langdon, settler, residing at knew the road. Noticed the road in a - very dangerous state near Mr O'Connor's on the sth April. The crown of the road appeared to have been excavated. Tho gop was about three or four feet, and practically extended across the road. The depth of the excavation was about eight inches. Vehicles could not avoid dropping into tlio gap,

By Mr Board: A person drhm> with lights would not have noticra the excavation. Did not consider the road at that spot a dangerous one, Did not think Mr Belliss could have been thrown eighteen or even twelve feet away from the buggy, When witness noticed the excavation lie was under the impression tlio roadman had left off work for the night. There was aa abrupt fall from tlio bottom of the rut to the top of the metal of about eighteen inches, The metal had been slopeda littlo, Would be rather a dangerous place for the coach to cross even InJBJ daylight. (Left Sittting.)