MAGISTRATE'S COURT

Dominion, Volume 8, Issue 2438, 17 April 1915, Page 4

MAGISTRATE'S COURT

TOURING MANAGER'S CLAIM The hearine of the claim for .£ll6 foi alleged breach of contract and wrongful dismissal, brought by' Victor Beck, theatrical agent, against Stephonson and Linley, theatrical proprietors. ivas continued before Mr. VV. G. Biddell, S.JI., in tho Magiatrate's Court yesterday afternoon. The claim arose out of the recent Dominion tour of the Florence Young Company. Plaintiff claimed that defendants agreeing to employ him as Itouring manager, and wrongfully dismissing him, he was entitled to .£96 damages for such, remuneration for work done prior to the engagement, and £i salary 6hort. Mr. T. M. Wilford appeared for plaintiff, and Mr. W. Perry for defendants. Plaintiff concluded his evidence, and for the defence Mr. Perry said that he proposed to show ithat plaintiff was not wrongfully dismissed, that he exceeded his duties, and .was unsatisfactory in his work. When-told of this, alleged counsel, plaintiff had said: "If you aro not satisfied I will leave at Dunedin."

The evidence called for tho defence included that of a number of people engaged in the thealtrical profession as managers or agents, and who gave their opinions as to the usual procedure in engaging touring managers 'or advance agents and the nature of the work these had to perform.The Magistrate intimated Ithat he would reserve his decision, as he wished to go through the evidence and read the correspondence put in, SEQUEL TO A COLLISION. A civil''action concerning a motor collision on tho Hutt Koad on March 3 last was heard before Mr. G. Cruickshank, S.M./ James Herbert Ormrod, electrical engineer, suing James Malcolm Mason, medical practitioner, for .£sl 18s. Sd., in this respect. In his statement of claim plaintiff alleged tho wrongful act of defendant in so negligently driving his motor that he collided with defendant. Tha sum of -527 18s. was claimed by way of expenses incurred in repairing the car, and £2i ss. Bd. loss of profits which plaintiff would otherwise nave derived' from the use of the car during ifche period it was undergoing repairs.. Mr. H. S. Evans appeared for plaintiff and Mr. 0. Beero for defendant.

The hearing of evidence and legal argument occupied all day. In the afternoon the Magistrate, accompanied by the parties land their counsel .visited the scene of the collision. The Court resumed at 3.30, when, after hearing further evidence, the Magistrate gave judgment for defendant, with costs, stating that ho was satisfied defendant had not been negligent.

, POLICE CASES. Mr. W. G. Riddoll, S.M., dealt with tho police cases at the Magistrate's' Coui't yesterday. Phillip Bennington, who pleaded guilty on Thursday to having received il3 15s. 6d. from divers persons, on terms requiring him to account for the same to Nellie Nigbtingale, and omitting to do so, came up for sentence. The Magistrate admitted accused to six months' probation on concondition the money was refunded. Claudo Martin, a trooper, was remanded, and ordered to be handed over to the military authorities on a charge of committing a breach of the peace in Willis Street. . „ , ' Archibald Boyd was fined £3, with witnesses's expenses in default 14 days' imprisonment, for using obscene language in a hotel bar. Thomas Jas. Branif was oonvicted and discharged for drunkenness, and fined 405., with witness's expenses 65., for using obcene language in Courtenay Place. A similar penalty wa3 imposed on Walter Howard for a like offence. Mr. J. J. M'Grath appeared for the latter. May Houston was remanded to April 19 on charges (1) stealing an overcoat valued at £5 from John Wall; (2) being idle and disorderly, with insufficient means of support. For drunkenness Dorothy 'Aubrey and James M'Gown were each fined 10s., in default 48 hours' imprisonment; Annie Geary, fined 55., or 24 hours' imprisonment; Peter Hughes and William Waters, each fined 405., in default seven days imprisonment; and David Taft, 205., in default three days' imprisonment. • On a charge of being found helplessly drunk Carrie Dunn, was convicted discharged.

BT-LAW BREACHES. On a charge 'of commencing an addltion to a building without a permit, Janot Canning was ordered to pay Court costs 75., while a further charge against her of commencing to ereet a new building, without a permit, was withdrawn. For committing breaches of the city by. laws, the following were penalised Michael Kariiey, fined 205., with costs 75.; Prank 'fait, fined 10s., with costs 7s. For allowing stock to wander, Gilbert Arthur Welling was fined 59., with costs 7s.and Stephen Eagle was. ordered, .to pay costs 7s. DEFAULTING TERRITORIALS. 'Another batch of Territorials was dealt with. For failing to attend drill tins Mowing were penalised:—Hugh Mac Kail., Fredrick Norman Lee, Thomas Henry Jamieson, and Joint Osmond Dngan wero each fined 55.,' with costs 75.; Percy. Gordon Donaldson, fined 10s., with costs 75.; and Leonard Dimond ordorod to pay costs 7a. '