LAW REPORTS

Dominion, Volume 7, Issue 2244, 2 September 1914, Page 9

LAW REPORTS

SUPREME COURT

SEQUEL TO A TRAMWAY ACCIDENT

CLAIM FOR DAMAGES

An action for damages arising out of a tramway accident in the City was heard in the Supremo Court yesterday before Mr. Justice Hosking and a special jury of twelve. The plaintiff in the action was Henry Adam Mackay, collector for the Public Trust Office at Wellington, and the defendant was the Wellington City Corporation. Mr. A. W. Blair, with Mr. D. R. Hoggard, appeared for the plaintiff, while the City Solicitor (Mr. J. O'Shea) appeared for tho defendant corporation. According to tho statement of claim, the plaintiff (Mackay) was a passenger on the top of a double-decker tramcar, leaving Courtenay Place for Newtown about 10.45 a.m. on Saturday, March 16, 1913. When rounding the corner into Kent Terrace the trolley-head'of Ihe car left the-wire and flew upwards. The pole became, jammed in the fork of the two wires, and pole and standard were torn from the floor of the car's top deck and fell with a crash- on the seats. Plaintiff alleged that he- was struck by the trolley pole or other part of the gear, and so received permanent injury to his nervous system and permanent physical injury. In consequence of these injuries, he had been prevented from following his usual occupation. Tho accident.was (plaintiff alleged) duo to tho negligence, of the corporation in not making a careful and reasonable examination, which would have disclosed defects in the gear. In respect of the injuries lie had received, plaintiff claimed £1000 general damages and £109 Is. 6d. special damages for medical expenses and travelling allowance. For tho defence, it was admitted that the plaintiff (Mackay) was on tho tramcar when the accident occurred, but it was denied that the trolley-pole had struck him. It was submitted that plaintiff (Mackay) was a nervous subject, and that his illness was a recurrence of som© deep-seated nervous trouble. It was denied that any of the sear had been faulty, or that there had been, any negligence on the part of the corporation. ..Lengthy evidence was called on both sides, but the oaso had not concluded last evening when the Court adjourned until 10 o'clock this morning. AUCKLAND, SESSIONS. (By Telegraph.—Press Association.) ~ Auckland, September 1. In the Supreme' Court, Herbert Stevens, a young man, found guilty of a serious offence on a girl aged 10 years, was '.sentenced to three years' imprisonment. .. . • ■ . ' t INVERCARGILL SESSIONS. Invercargiil, September 1. The Supreme Court sessions were opfjiod by His Honour Mr. Justice Sim this morning. D'Arcy.Robert M'Devitt. a young man, pleaded guilty to'breaking and entering and theft, and was sentenced to two years' hard labour. William O'Brien, for "receiving," was placed on probation for two years. Ernest Doimison a farmer, was found guilty of forging and uttering a request for delivery of goods; sentence was held over. Tho same <x>cused was also charged with placing an obstruction on the railway Hue, and found not guilty. ;

MAGISTRATE'S. COURT.

BOYS ON MILK ROUNDS

BREACH OF AWARD?

NO PROHIBITIVE PROVISION

A judgment of interest'to dairymen was delivered by Mr:-W; 6.-Riddell, S.M., in the Magistrate's Court yesterday morning. Tho.caso concerned tho interpretation of the Wellington .Dairymen's Employees' Award and involved tho question of boy labour. Tho liispoctor of Awards (Mr. R. T. Bailey) bad • claimed to recover a penalty of £10 from- A: Russell, for' a breach of the award, in that he had had in his employment from March. 1 to Juiie_ 24 certain workers to whom he had failed to pay the wages specificed in Clause 3 of the award. The "workers" in question were boys who went, the daily' round with-tho delivery cari,■ working threo or four hours each dixy. In giving judgment tho Magistrate remarked that' before tho award came into force some dairymen were in tho habit of employing boys for delivery purposes, and although the practice. existed at the time the award was agreed .upon, no mention of boys was found in it. 'Die award was mado under the Industrial Conciliation and Arbitration Act,' 1908, which defined a "worker" as any person of any age of-oitber sex 'employed by any employer to do any skilled or unskilled manual or clerical work for hire or reward.. This definition clearly included boys, and the' j parties. to t'lie award must have been fully awaTe of its scope. In framing the award they had made no provision for boys, and- in such case he.' (the Magistrate) thought that the word "workers"," used in Clause 1, must be held to include boys.' It -was submitted however >that the award was _ not intended to interfere with the prevailing custom of employing boys which oxistcd at the time the award was agreed to. "I-am not satisfied that the practice or custom referred to was universal cr that the intention of the award was not to interfere with tho practice," ,said the. Magistrate, j'l think that the defendant has ted a brcaoh of the award, but as tho case is one brought for interpretation, only a nominal penalty will be imposed." Judgment was given for Is. Mr. M. Myers appeared for defendant at the hearing of the case.

JUDGMENT BY DEFAULT. Judgment was given for plaintiff by default in tho following undefended civil cases hoard by Mr. W. G. Riddell, S.M.:-Jas. Smith, Ltd., j. Nollio Bushell, £3 os. Gd./ costs 10s.; Wm. Hy. Poole v. Frank Letham, £1 os. 2d., costs 65.; Wellington Traders Agency v. E. Hagensou, £4. Is. 5d., costs *10s.; Alex.' M'Millan, Ltd., v. O'Connor and Fuller, £3 65., costs 10s.; Laery and Co., Ltd., v. Kitchen Bros., sosts only, ss. JUDGMENT SUMMONSES. Walter Prob'ort was ordered to pay Hallenstein Bros., Ltd., the sum of £1 Gs. Id., on or before September. 15, in default 24 hours' imprisonment. POLICE CASES. A MAN WITH A PAST. Mr. D: G. A. Cooper, S.M., presided over tho police business. William Thomas, with a black record of offences and imprisonment for the same, against his name, pleaded guilty to assaulting Charlie Mee Chong. Accused's previous offences dated as far back as 1900 when ho served two years for assault and robbery. "Give .mo. a chance,' and I will go'straiu'ht a'«ay," he pleaded to the Magistrate. "Yes, after I have finished, with jou,"

remarked tlio Magistrate, and sentenced him to two months' imprisonment. OTHER CASES. 'Alexander Macdonald pleaded guilty to the 'theft of one cornot and caso valued at £10 JOs., the property of Jamos Bringius. He was convicted and sentenced to seven days' imprisonment. Albert Hance Pearson Marris was remanded to appear at Elthain on Sep-' tember 3 on a charge of unlawfully deserting his wife ihero on August 29 last. Ernest Harold Halladay was fined ■G2 or one month's gaol for deserting from the-Delphic. Mary M'llroy was charged with drunkenness and the ■ use of obscene language._ Accused, who had 35 vios convictions against her., was characterised by Inspector Hendrey as "hardly fit to be at large," and "a public nuisance." She was fined .£3 or two months' gaol for the obscene language, and formally convicted for •drunkenness. Mary Johnston, with a list of previous convictions against- her, pleaded guilty to drunkenness.: She was sentenced to one month's imprisonment. For drunkenness William Lynch was fined £2, or one month's gaol;-Wil-liam Reed and James Ward, £1 or three days; and l'eter-Hughes, 10s. Seven first offenders were dealt with. A youth named William John Cavanagh was convicted for indecency in Tory Street and ordered to come up for sentence when called upon. JUVENILE COURT. ' In the Juvenile Court a boy of 15 years of age'was admonished and discharged for receiving three boxes of chocolates, valued at 55., belonging to' the New Zealand and African Shipping Company, well knoaing the fame to have been dishonestly obtained. At the "Lower Hult Police Court yesterday, ■' before - Messrs. Chapman and Fielder, J:P.'s, Martin' Coegan was sentenced to a month's imprisonment for vagrancy.