RESIDENT MAGISTRATE’S COURT

Ashburton Guardian, Volume V, Issue 1331, 20 November 1885, Page 2

RESIDENT MAGISTRATE’S COURT

ASHBURTON— To day. (Before H. 0. S. Baddeley, Esq., 8.M.) CIVIL CASES. Butler v Tandrer, claim L 7 7s fid —Mr Wilding for the defendant —The plaintiff had withdrawn the case shortly before the anting of the Odnrt, and Mr. Wilding made application for coats. —Costs against the plaintiff were allowed. Ashburton Borough Council v Paratioi (a maori), claim 10s for rates.—Judgment by default for the amount claimed and costs.

Morphy v Doherty, claim L 4 for wages. —Mr Wilding for the plaintiff. —P. Murphy, the plaintiff, gave particulars of the claim. Witness was employed by defendant as general farm laborer. On leaving defendant offered to pay witness at the rate of 7s a week; witness signified his readiness to accept 10* a week.—By defendant : Witness was employed by defendaut’s wife.—W. Doherty, the defendant, said he had given the plaintiff board as a charity, but ultimately had agreed to pay him 7s a week. Plaintiff was a poor workman, and left without giving witness any notice.—Judgment foe the amount claimed and costs.

A Orr v Williams. Claim L 4 14a 4d Judgment by default foe the amount claimed and costa

Gough v Turner. Claims LlO and L 5 (two cases heard together). —Mr Branson for the plaintiff; Mr Wilding for the defendant.—Mr Branson in opening the case said the amount LlO was claimed for damages alleged to have been suffered by a horse, the property of plaintiff, through the negligence of defendant. The claim L 5 was for hire of the said horse.—John Gough, the plaintiff, said he hired a horse to the d sfeudant to plongh fence lines at the Hinds. Witness did not expect the horse to be in nsa by defendant for more than a fortnight. Five or six weeks having elapsed witness made enquiries about the horse, but could hear nothing of it. On October 18 if was left at McLeod’s, having been in the possession of defendant for about three mouths. Witness paid JLIS for the horse when it was a two-year-old, and valued it at L2O when hired to defendant. The horse was in about the same condition when returned as when lent, but during the interval its shoulder was put out. This accident would reduce its value by at least one-half. Witness saw defendant after the return of the hor.se, and the latter expressed regret that the accident had happened, and said he would not let witness suffer by it. They arranged to appoint arbitrators to determine what amount should be paid to witness in respect to the damage, bat defendant failed to appoint an arbitrator. Witness thought the amounts now cl imod were fair and reasonable By Mr Wilding. Witness was recently a bankrupt, but had received bis discharge before he purchased the horse subject of this aoiion. Witness had occupied the land and premises now in the possession of defendant. He waa reluctant to leave the place and had been turned out by the landlord’s agent. Witness heard defendant ask McLeod if he had a horse to lend. McLeod replied in the negative and witness then offered to lend defendant his (witness’s) horse. It was under-

stood that defendant would return the hoise to Ale Lead’s. Witness did not know how the accident happened. Donald McLeod, farmer, said he sold the horse, the subject of *hxs action, to plaintiff for Ll 5. The horse was then perfectly sound. Witness had since examined the horse and found its shoulder was out. It was returned to witness’sfarmbydefendant. Witness described the condition of the horse. He did not think the horse would ever recover. If sound, it would be worth at least L2O, but in its present condition it was not worth more than L 9 or LlO. Witness sold the horse to plaintiff, “ last year, about live or six months ago." He was paid for it. Plaintiff was not a relative of witness.—At this stage Mr Branson proposed to call evidence as to value, but Mr Wilding said be was quite prepared to admit the accuracy of the figures already andnead.—Mr Bransou said he would not under the circumstances call any farther evidence.—Mr Wilding submitted that the injury had arisen from a pure accident, aud as the plaintiff had shown no negligence on the part of defendant he could not possibly recover —After some argument between oonnsel, the Magistrate said he thought the case

“(Cooper v. Barton ” (quoted in another part of this issue) was directly applicable to this—Mr Branson said that if that was the view taken by the Bench ha would ask f>r a non-suit.—Plaintiff was non-suited in r. spect to the claim for damages.—John Tamer, the defendant, said the plaintiff had volunteered to let him have the use of the horse in question provided he fed it. There was no men lion made of payment. Witness had never used the horse, bat a man in his employ tried it and found it quite useless. The horse was then turned out, not having been worked at all. It remained in witness’s paddock eight weeks; it was in very low condition and quite unable to work. —Peter Ourrie, an emploj 6 of the defendant, said he tried to work the horae but found it iu too low condition to do anything.—This closed the evidence, and without counsel addressing the Bench, judgment was given for L2 16s and costs. The Court then rose

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