CIVIL BUSINESS.

Dominion, Volume 2, Issue 502, 8 May 1909, Page 15

CIVIL BUSINESS.

(Before Dr. A. M'Arthur, S.M.) A COMMISSION CLAIM. A. C. l'earco and Co.,' Land, Estate, and Commissions Agents (Mr. Blair), claimed £37 18s. -from .Patrick Lwycr, liotol proprietor, Woodville (Mr. W. :H. D. iBell),- for work done as: agents and valuers, in. taking au in-: • ventory. of. tbo stock .of the ■■ Club Hotel,' . "Woodville;'and 'valuing tho stock, His Worship reserved his decision to May 13. 1 -.•■> ; A PHONORRAI'H AND ACCESSORIES. ■■'J'' J. L. Fleming and: Co., importers of phonographs (Mr. '\Voston)y claimed £23 10n. from Jas. 1 Troy, Kilbimie (Mr. M'Grath), ■balance alleged 'to bo duo ior goods sold to : defendant,'which goods, included a phono- '• graph,'records, etc. : His Worship gave judg- . moht for plaintitts for tho amount claimcu, and, costs £4 5s.V <.* • ..'■ : , SEQUEL TO AN ACCIDENT. . Charles Martin, mato of the stoamor. Coun*teas (Mr. Kirkcaldie), claimed £50 from John, ■ M'Lean: and Sons, • Ltd., (Mr. M'Lean). r Tho Statement of clainvset out (1) ■ - that, on February 8 last;-plaintiff was cm;' ployed by defendants' on tho'ferr<>«jiic/oto : ■ wharf at Clyde.Quay; ; (2) ,thatVit ; ,wa?'a toi;m. , condition ;of tbo plaintiff'sY.efiiployincnt that ,defendants' should furrlish tpreper- and adequate plant and materials for tho ; 'works; ; (3)/that':a.winch used : in connection with.the '.'■'■■ i works .was .faulty and. defective by reason of : the negligonce ~of defendants in that. it' : .was ■ impossible :to -reniovo tho handle;, (4). by reason of such defect plaintiff whilst passing, ■ the winch by tho haildlo, with tlio ; -result that. his .nose was broken, and the. sinew of liis-left foot was crushed. . Defendants urged that■ they did not know; . . of the, defect,' and that in these circumstances: .■tho employee, being the first person to find it . out, should havo communicated the fact to his . . employers. . Ho had not don» this, andcoun- , sel urged (Wendanta Were rot guilty of riegli-, gencc. , . His Worship reserved his decision to May '■;- v - : :