MAGISTRATE'S COURT.

Dominion, Volume 6, Issue 1620, 11 December 1912, Page 4

MAGISTRATE'S COURT.

(Before Dr. A. M'Arthur, S.M.) MOTOR AND TRAM MAN. CONDUCTOR KNOCKED DOWN, DAMAGES CLAIM PAILS. Conclusion was reached in tho Magistrate's Court yesterday in the case in which William Vincent Turner, tram conductor, claimed from George Howard, tho owner of a motor-car, a sum of .£ls 6s. 5d., as special damages for loss of wages, and .£IOO as general damages. ■ Turner alleged in his statement of claim that the collision had been duo to' tho negligent driving of William H. M'Luckie, a servant of the defendant. The' City Corporation also proceeded against Howard, claiming half-wages, .£ls 6s. 5d., medical expenses £1, loss of uniform £2 125.: total, .£l9 os. 6d. At the hearing Turner gave evidence to the effect that he had been knocked down by tho motor-car when, lie was walking across Thorndon Quay, near the tram-dis-patch box, on the night of July: 23. . Mr. W. H. D. Bell, counsel for the defendant,* addressing the Court on 1 that occasion, remarked that the motor-car m question was one of throe owned by Howard, but it was not the car which ,it was M'Luckie's duty to drive. M'Luckie was not even on duty that night. This car wa9 usually driven by ono Harrison. On July 23 M'Luckie had met a friend who had just arrived in Wellington, and had arranged to get the night off and spend it with him. That night the friend had said that he had some baggage which he wished to obtain at the railway station. M'Luckie had seen Harrison's car standing outside the Theatre Royal, and had, unknown to Harrison, taken it and gone to the. railway station for the friend s luggage. When returning from tho station the accident occurred. M'Luckie had then given evidence,, which was in'accord with Mr. Bell s statement, after-which Mr. O'Shea, counsel for the plaintiffs, had commented adversely on the fact that Harrison and Howard' had not been called to give evidence. He suggested that the case should be adjourned in order that they, might be put in the witness-box. ~,',, . tt i Mr. Bell had then stated that Howard was out of town, and that the whole point was whether M'Luckie was or was not on duty at the time of the mishap. If he was not, his employer was not liable. His Worship had then adjourned the case for a week so that Howard and Harrison might be called. : When the case came on yesterday, Mr. O'Shea intimated that, since the previous hearing, ho had made inquiries, and found that the statements of MLuckie.were correct. . . , , His Worship then entered judgment tor the defendant in both cases. ,

THE APPRENTICE'S PAY. Alcock and Co. were, fined ill for Uv'ing paid an apprentice "9s; "per week in- i stead of 13s; per 'week during & certain period of six weeks. . air. D. Carmody (Inspector of Awards) paid that the apprentice was now in his third vear during which the rate of pay , was 13s. per week.' Before the' commencenient of his third year the boy had lost six weeks' work through absence. The employers had told the boy that he would hare to .conipMo the six weeks before getting his rise from 9s. to 135., and this had been carried out. Mr. Urmody contended that the boy had been paid 4s. per week less during' those six weeks than the award stipulated. ! • Mi. J. C. Peacock, for the defendant, | argued that the inspector was proceeding against defendant in the terms of an award which had been superseded, and | that under the new award the defendants action was permissible; but his Worship decided that the breach alleged had been committed. ~ ' John Robert Burley was on a charge of having broken the Grocers Assistants' and Drivers' Award by paying a man. less than the stipulated wages.. UNDEFENDED CASES. In .thelollowing cases judgment was entered for the plaintiffs by default:— Rhimes and Co. v. Hone Webber. £9 18s., costs .£1 18s. 6d.; Wellington Publishing Co., Ltd. v. Cockrane and Bntemeut, 155., costs 55.; William Lingard and Co. v. Charles Thomas Scoringe, £3,. costs 55.; J. B. Clarkson and Co. v. Donald Williams, ..£2B lis. Bd., costs .£l, 35,; Charles W. Nielsen v.. Henrich Heimann, £6, costs .£1 3s. 6d.; Frederick N. B. Meadows v. E. Phelan, £li Is. 6d., costs 155.; George, Doughty and Co. v. Norman Wilkes, .£l7B Us. 9d„ costs ,£7 19s. 3d.; Alfred Pinckney v. Caroline Wallace. £1 10s., costs ss;. H.M. the King v. Herbert Hancock, £i 18s. 5d., costs 10s.; Kitto and Son v. G. Maloncy, £4 45., costs 10s.; Northern Company, Ltd. v. GeoTge Peacock, £$ 12s. 6d., costs £1 3s. 6d.; A. and T. Burt; Ltd. v. Pugh Bros., £6 3s. Bd., costs £1 3s. 6d.; J. 6. Raine and Co. v. Albert Napoleon Bushy. £1 lis., costs 55.; Wellington Publishing Co., Ltd. v. E. Kennedy, 135., costs _10s.; Elizabeth Kilmister v. James Kilmister, .£lB7 '55., costs .£8 ss. 7d.; Henry Lemon Bryanson r. Leo. Coogan, 12s. lid., costs 10s.; James Smith, Ltd., v. Thomas M'Gregor, .£ll7s. Gd., costs ss. JUDGMENT SUMMONSES. E. F. Hiscocka was ordered to pay A. S. Collyer £2 3s. 9d. by December 23; C. H. Harris to pay .£1 16s. to William Lingard and Co., by December 23; William Neville Ward to pay the United Fanners'. Co-operative Association, Ltd., i£2 ss. by December 23; Robert Blaok to pay E. and M. Cooper £1 10s. by December 23; and Ernest Henry Dodd to pay James Bryant Lano .£9 95.,' by December 23. FARMERS' CLAIM. (Before Mr. W. G. Riddell, S.M.) Mr. Riddell,- S.M., delivered judgment in the case in which James Taylor, farmer, New Plymouth, sued Henrv Stockbridge, builder, Brooklyn, for £56 Is. 2d., which amount was said to be a balance owing respecting arrears of rates and interest due on a mortgage and moneys over-paid on the purchase of a property. The decision was for the plaintiff for •£49, with costs .£6 4s. i THE RENT BILL. Herbert P. dentist, claimed £i Bs. 6d. from Emilo V. Foncard, tally clerk, as money due for rent, etc. Mr. Machell represented plaintiff. Defendant counterclaimed for .£3 Os. 4d. which he said plaintiff owed him for electric lighting, office cleaning, and money sent. His Worship decided in favour of plaintiff on both' counts. POLICE CASES. (Before Mr. W. G. Riddell, S.M.) Harriot Maloney was fined .£2 for havinir importuned in Ghuzueo Street. For insobriety James Houston was fined. 10s. Joseph Brough was fined £2 for bavins received certain property of Messrs. M'Lean and Gray which lie knew to have been stolen. BOYS AND CRIME. Five juveniles were before the Magistrate's Court yesterday on charges of theft. A boy of 14 yeoTs was committed to the Buriiham Industrial School for having stolen a sovereign case and three sovereigns. A boy of 151 years who admitted the theft of £2 worth of posial notes was sent, to the Wercroa Training Farm; and three other boys wore penalised by a birching for. haviii(?«towti a' .wfttolwjhate, JBR»t. Mid sovereJai easo.