LAW REPORTS.

Dominion, Volume 4, Issue 1220, 31 August 1911, Page 3

LAW REPORTS.

CIVIL CASES. , ON "SPECULATIVE ACTIONS." "BROUGHT NINETEEN CAUSES OF ACTION AND TRIED TO ROPE THE CITY C6UNCIL IN." "TIME THIS WAS STOPPED." The case of C. B. J. Midlano v. Thomas Highet, in which the jury on Tuesday awarded plaintiff £100 damages, was mentioned again yesterday. Mr. F. G. Bolton, on behalf of plaintiff, moved for judgment to the amount'awarded, with costs. Mr. E. K. Kirkcaldie, for defendant, asked, that' on the findings of the jury, judgment be entered for defendant. One of the findings of the jury was that the excavation on Highet's property was a dangerous nuisance. Counsel submitted (as a proposition of law, and admitting i.hat' the "dangerous nuisance" was there) that that did not bind defendant to pay damages to plaintiff unless tho damages arose from the dangerous nuisance itself. There was no finding that the excavation had caused the fall into it. His Honour did not think that it was worth while wasting time discussing the findings of the jury as they were based on tho evidence before them. Judgment would bo entered for the plaintiff and counsel could then take such other steps as he might desire. Judgment was accordingly entered for the plaintilt for X'loo, with costs and witnesses' expenses. The City Solicitor (Mr, J. O'Shea) then applied for cosls for the City Council as against Midlane. The City Council had been struck out after tho first' day's proceedings on the ground of misjoim'er. His Honour considered that Mr. O'Shea should have made application to have been struck out before he pleaded his defence. Mr. O'Shea- replied that he was not at tho t'imo too sure of the point, and prepared to rely on his non-suit points. People were continually bringing speculative actions against the City Council and, when those actions failed, the Courts were always very indulgent to the claimants. Surely it was time that it was put a stop to especially in cases like this one—where they brought nineteen causes of action, and had tried to rope tho City Council in under one of them. Counsel had been to the trouble of preparing tho defence and claimed that the City Council were entitled to costs. His Honour observed that he was only prepared to' allow costs, on the basis of the City Counoil having applied to be struck out before pleading, with all disbursements and fees of Court. DAMAGES-MOTOR ACCIDENT. Before .Mr. Justice Sim and a jury of four yesterday, Peter- Brown, boilermaker, of Wellington, sued Arthur Scoullar,' motor-car own«r, Wellington, to recover tho sum 'of ,£2GO damages alleged to be duo to plaintiff for bodily injuries received in an accident caused by the negligence of defendant. Mr. A. H. Ilindraarsh appeared for the plaintiff, and Mr. C. K. Dix for the defendant.

Plaintiff alleged that on June 28 whilo he was standing at the corner of Vivian Street and Pirie Street, and using the public street in a proper manner, he was knocked down and serio-islr injured by a motor-car driven by defendant. Plaintiff further alleged that tho accident - had been caused by the negligence of tho,defendant.

The defence was a denial that Scoullar ever owned or drove tho motor-car which knocked plaintiff down on the date mentioned. If plaintiff had been knocked down or had suffered injury it had been caused by his default or . contributory negligence, in that ho had been under tho influence of liquor at the time, was not looking where he was going, and had paid no attention :to:tli9:sounding-ofcthe horn'.' As an alternative defence, 'it , was con-' tended that tho alleged accident was an inevitable accident, withont any negligence or. default on tho part of the defendant, i his being owing to the number of people and vehicles on the road at the time. The jury, after a brief retirement, returned a verdict for plaintiff for .CGO damages. Judgment was accordingly entered for (hat amount, with costs on tho lowest scale. The Cou>-t then adjourned until 10 am on Friday. • IN DIVORCE. _ Before. Mr. Justice Sim yesterday morning/ James Thomas Hall petitioned for a dissolution of his marriage with Sarah Ami Hall, the co-respondent named being William Symes. Mr. A. L. Herdman appeared for the petitioner, but there wajj no appearance of respondent or corespondent. A decree nisi was granted, to bo made absolute m three months. Costs on the lowest scale were allowed against tho co-respoad-eat.