LAW REPORTS.

Dominion, Volume 7, Issue 1963, 21 January 1914, Page 11

LAW REPORTS.

MAGISTRATE'S: COURT,

unusual liability;lc!.aim; ;

HORSE * TIJI DIUH

Mr. W. G. over the civil sittings of '."the'iJlagis-: trato's Court yesterday. ■'■■ Tlic oiilyi'cie-). feuded caso was a rather interesting one. William 11. Lepper;'.,'air',express; proprietor, claimed £27 from'■.Arthur'. Philip Wing, a cleric," on '■■ nccounfcJof the ueath of one of plaintiff's -horseswhich was being grazed in defendant's paddock and died in a ditch which .was being put through -the properly 'without plaintiff's knowledge.- 'Mr.' : J." ; iC;; Peacock appeared for tho plaintiff;; and Mr. T. young for tho defendant.'X^us-' There was no dispute as to tho fact's." Mr. Peacoclc said that Wing .owned-a section in South Itoad, Wellington;; and on September 9 Lcppw arranged with him to graze some horses on the property at tho rate of 2s. per week each., Lopper put horses in tho paddock every evening up till October 7. On .'that evening, too, ho put his horses isi/aiid next morning found ono of them dead in a new drain, tho which had been undertaken without l'iotico having been sent to him'. The drain was made- by tho Wellington City Corporation in pursuanco of a notice given to tho defendant, who expressed his willingness that tho work should proceed. It was submitted that Wing was. liable for tho death of tho horse. : >. Tho Magistrate: What is tho position regarding tho corporation? ':Ssi.' Mr. Peacock: An application fwas made to join .them as third party,- but was refused (perhaps rightly) by Mr. Evans, S.M. Mr. Young submitted that the occurrence was an accident, and that the loss must remain-where it fell. • Any remedy which Lopper had was against' the corporation, not against- Wing.-,-.., * His Worship reserved decision. ■':" '*'"'"'" UNDEFENDED CASES. *':\ p ' In the following cases judgment was entered for the plaintiffs bv default:— J. Ilott v. Bromley Hill, £8 Is. 6d., costs £1 3s. 6d.; Hooper and Harrison Ltd., v. Charles A. Coulson, £02 Us. 3d., costs £4 4s. 3d.; New Zealand Picture Supplies, Ltd., v. Winter Bros £8 os. Id., costs •£]. 3s. 6d.; Moult and Alexander v. George Neish, £5 18s. 6d., costs £l-2s. 6d.; K. Hitchcox v. Wm. M'Millan, £1 55., costs 75.-' P Bohan and Co., v. Mrs. K. L. Foward, £10 7s. 6d., costs £1 10s. Gd.; NewZealand Acetylene Gas Lighting Co.'v. F. H. Richards and Alex. M'Grccor, £34 6s. 2d., costs £3 145.; Vilhelm Jensen v. George Gardner, £6 195., costs £1 3s. 6d.';- ■ Wellington City Corporation y. ■L. I'. Leonard, £1 Lis. 7d., costs 55.; Hastie, Bull, and Pickering, Ltd., v. Kobort S. B. Low, £4 10s. 13d., costs 25.; Samuel Brown, Ltd., v. Robert Yarrow, £3 17s. 3d., costs 10s.; J. B. Poynton v. Wm. 11. Qrr, g Sij cos t.s 55.; T. E. K. Burgess v. James Dotchin, £1, costs 75.; Dresden Piano Companv v. Robert J. Nicholson, £12 Os. Bd.. costs £1 17s. Od.; Odlin Timber Co. v. Brown and Johnston, £15 14s. 10s., costs £1 10s. 6d.; same v. Clarke Bros., £20 14s. I 6d., costs £2 145.; Jno. Chambers and Son, Ltd., v. Walter B. Stock, 14s. 7cL, costs os.; D. Kingsland and Son, Ltd., v. Mrs. A. Jackson, £3 10s. 3d., costs | 10s.; Dunlop Rubber Co. v. Chas. Savage, £7 3s. Gd., cost* £1 3s. 6d.; Jerusalem and Co., Ltd., v. W. Uyde, £10 .'ls.-Id., costs, £I.los. .Gd."; T. R, Bussell and Co., Ltd., v. Chas. White, 7s. 4d., costs, 175.; H. Baigcnt v. W. J.I Ward, £1 6s. 7d., costs"9s:;-Davis and Clatcr v. W. F. Simpson and John Wat- j son Munson, £5 25., costs £1 6s. Gd. ; A. Lindsay, Ltd., v. R. D. Welch, £3 175., costs 10s.; Mrs. Frank Jacobsen v. John Scarle, £2 o's. 2d., costs 125.; Oscar Hcwett and Co. v. Oscar Rockhouse, £5 125., costs £1 3s, Gd.; same v. Ada Barrow, £4 7s. Gd,, cost.s lis.: Wm. Lingard and Co. v. Arthur Pearcc! £10, costs Bs.; same v. Chas. Hvnc Fisher, £10, costsSs.; S. Luke and Co., Ltd., v. the Levin Auctioneering Co., 13s. Gd., costs ss. -" ■ POSSESSION OF HOUSE. W. C. Watson was granted possession of a houso occupied by Alfred Faulkner., Faulkner was ordered to givo up the premises by January 27. JUDGMENT DEBTORS. Frederick Henry Rolands was ordered to pav William James Evans £3 13s. by Febniary 3; Thos. O'Neill to pay D.I.C. £12 2s. 2d. by instalments of £2 per month; and L. E. Christie to pay Harry George £82 7s. 9d. by February 10. POLICrTBUSINESS. , Alexander M'Donald. who appeared before Mr. W. G. Riddel), S.M., was fined £3 for having used certain language in Ab.el Smith Street, and £1 for having broken, his prohibition order.