MAGISTRATE'S COURT.

Dominion, Volume 5, Issue 1395, 22 March 1912, Page 3

MAGISTRATE'S COURT.

(Before Dr. M'Arthur, S.M.) DAY'S BAY FIRE: £151 DAMAGES. JUDGMENT AGAINST THE FERRY COMPANY. Dr. M'Arthur, S.M., delivered judgment; vesterday in tho action in which two Bay's Bay property-holders claimed from the Wellington Steam Ferry Co., Ltd., sums totalling JE'J.iO for damage done to land, vegetation, buildings, fences, etc., by a firo, which, plaintiffs alleged, was lighted by defendants' employees on defendants' land, and was negligently allowed to spread to the property of plaintiffs. One of the plaintiffs was Catherino M'lntosl), Civil Servant, whose claims totalled .£IBO. " Miss M'lntosh was represented by Mr. A. J. Luke. The other plaintiff. Arthur "William Press, who was represented bv Mr. T. Votinrr. claimed £80. Messrs. A. Blair and li. M. Watson appeared for tho defendant company. At the hearing Mr. Blair asked for a non-suit on the ground that the plaintiff had not shown affirmatively that Hie damage wrts caused by the firo lit by tho defendants' servants. His Worship snid that h<> had visited the scene of the fire, and that he had no hesitation in faying that the fire lit by the defendants' , men was the cause of (he damage to plaintiffs' property. As to the liability of the defendant, he said: "Tho law in New Zealand has. over l>w>n that if a. person lights a firo on liis own land, he must, at his peril, prevent it spreading to tho land of his neighbours." Judgment was given for M'lntosh for ,£lll and costs, and for Press for ,£lO and costs. WELLINGTON'S HKST MOTOTi-CAR. Dr. M'Arthur delivered judgment in /he case in which Philip Walilemnn sued \V. T-J. P. Barber and Horlinrt Lester for ,£H2 10.=. 3d., as m<wy paid by pl.-iinl.ifr in respect In the piiri;li:iso <if n. molni-. car; -t" ]o.=. as general damage.-, and .£!) 12?. .special dnmn<r."?. Tho action cuicernerf on alleged agreement, to purchase a second-hand mn'or-car', the ultiimito priw cf which was to lie JE32 18s. 3d. Plaintiff was 6aid to bo tho puroharor, and Lester v.ilo suid to bo acting &9 ngont

for Uiirbcr, who owned Ihe car. This ] particular cur, it was mentioned during I In- ••μ-v, ivas tho first cur run in Weill union. lli> Worship regarded Barber as the. priiiciiiiij nnil Letter as Harbor's agent. lli> considered thiil the car was not in perfect nrilcr, as il ought lo have boon, .according to the agreement; in fact, it whs very doubtful, In. said, ir it would ewr In' piii in perfect running ordor. Judgment iras for tho plaintiff against Barber lor 4; Hi 7s At Him hearing .Mr. ,\. (irar ann-ared tor plaintiff Wiildemnn. Mr. t). .1 I'ilzcibboii for defendant Itp.rlipr. ami .Mr. I', li. .liolton for dolcniiaiil Lester. SHIPPING COMPANY PVFJ). S. Luke and Co.. ],(,|., ironfoiinders, Wollington, .mipil Hip \pw Zealand Shin, ping Company, Lid., for .I'll) us alleged damages In a lntlip. 11 n-115 staled that (|,o inthr was bc-ing unloaded h'oni Hip Drji.vlnn Grange on January 10, and was negligently landed, and negligently placed near tho si miner, close lo where cargo was l)"ing discharged, and (hat through n lift (which, had bepn hoisted) descending suddenly, a piece was rhipped out of the hpd of the lalhp, dnmnging Hio mnrhine. Mr. K. Kennedy appeared for the plainliff, and Mr. Jl. Myers for the. defendant. Decision in tho enso was reserved. UNDEFENDED CASES. In tho following rnses judgment was on. tered for the plaintiffs by default:—Jack Jacobus v. Mrs. B. Forth. 4?3 Jos., costs &s.; King Hold Mining Company, Ltd., v. John Dorset Valpntine, £W, and ,C 2 Gs.i Williams and .Meredith v. Krnest Johns mill Alfred Johns, executors of the Into Wm. Henry Johns, £U Is., nnd £2 3s (id.; th? Commercial Agency Company, Ltd., assignee, and 11. W. Mills and I'n., Ltd., v. Goo. Shaw and Harold Emms, 4:27 12s. yd., and 4:3 fls.; A. S. I'aterson and Co. v. James AV. Watkins, .tit Os. 10(1., and .£2 Us.; K. AV. Mills and Co. v. M'Kenzie Bros., 4:3 os. 3d., and 10s.; Barber ami Co. v..(Jinnies Ross £2 !i.<. Sd.. and 10s.; Abbott, Oram and Co. v. 'J , . S. Scott, .Cll 25., and £\ 10s. 6d.; Joseph Lewis and Co. v. C. A. Pnscoe, £2 155., nnd 4:1 25.; Fordo and Co. r. Mary Agnes Sullivan, £'■'• 155., and 10s.; same v. Samuel Ferrel, 4!3 3s. Gd., and 10?.; E. Reynolds and Co., Ltd., v. M'Kenzic Jiros., JCIVt ss. 3d., and 155.; W. B. Summers v. James Adams, .£3 His. lid., and 135.; Wm. Alfred Brown v. Wm. Henry Matthews, 3s. 6(1. and Bs.; R. and E. Tingoy and Co., Ltd., v. Joseph Llewellyn Fowler, 4:1! )7s. Bd.. and £1 3s. lid.; Kmily Baker v. Henrv Griffiths, £7 IBs., and il 3s. fid.; Public Trustee r. Alfred Ivancis Graham, .£IOO 10s., and £5 175.; Miramar Borough Council v. Ernest Edward Middlcmiss, £26 lis. lid., and £2 Its.; tho Commercial Agency, Ltd., assignee, and Ding, Harris and Co., assignors, v. J. Watkui, X'rtO 13s, Sd., and 4'3 10s. Gd.; Wellington Gas Company, Ltd., v. Frederick Sage, J!'o !is. !Ul., and £1 7s. lid.; Stone, Son, nnd Co., Ltd., v. Norton Smith, -£7 2?. fid., and 10s.; and Now /lealand Express Company, Lid., v. .Johnson and Son. ,£2 os. 4d., and 10s.

JUDGMENT SUMMONSES. In the caso of (.'. Pratt, nnd Co. v. Tl. !•". Spensley,.ii claim for ,£l2 18s. fld., debtor was ordered to pny Iho amount by April 4. R. 1". Sppiisley was also ordered lo pay. C. Prntt and Co. 4:38 7s. 10d. bv April 1.

James and another were ordered to pay .£7 os. to the Empire Loan and Discount Company, Ltd., by April 4. L. Bpdingh'eld was ordpred to pav (o the Public Trustee XlO Ss. Gd. by April 4. POLICE BUSINESS, (Before Mr. W. G. Riddell, S.M.) IDLE AND DISORDERLY: TWO SISTERS. Two sisters, Mary and Margaret M'Gowan, were charged with being idle and disorderly person*. Hentenio was deferred till to-day in order to give one of the defendants an opportunity of leaving Wellington, nnd tho other a chance to get work.