MAGISTRATE'S COURT

Dominion, Volume 9, Issue 2815, 5 July 1916, Page 9

MAGISTRATE'S COURT

A COMPENSATION CLAIM At the Magistrate's Court yesterday morning Mr. W. G. Kiddell, S.M., delivered his reserved judgment in. tho case of William Edgar Martin against Messrs, S. Wood and Son, shipwrights, a olaim for .£35 and JSi. 10s„ medical expenses, .beini* compensation, for physical injuries received by plaintiff while working in defendant's employment on board the s.s. Kuahine on January 12. While so engaged, plaintiff met with an accident, and foil, dislocating his Little finfer and bruising his shoulder and chest. 'lie dootor's evidence showed that plaintiff had developed a hernia, but it was not duo to the fall. Defendants had paid plaintiff 80s. per week, half-pay, from the date of the accident till March 20, when plaintiff was regarded as_ fit for work. His Worship," having reviewed the evidonco at length, stressed that of tho medical men, and considered that plaintiff had not proved,that the hernia was duo to the accident; and it was not shown that the injuries were tho direot result of the fall, or that they were caused in such a way as to make defendant* liable., Taking the medical evidence, His' Worship said he. had to give judgment for tho defendants, and costn amounting to £1 12s. wore allowed.. Mr. E. M. Beechy appeared for ' plaintiff ftt the ; hearing, and Mr. M'. Myers for defendants. A LAND TRANSACTION. Mr. W. G. Eiddell, S.M., also gave judgment, in a case in which Charles Kasmussen, for whom Mr. 12. P- Bunny appeared, claimed from. Henry, Chittick, who'was represented- by Mr. J... J. M'Grath, the sum of -Cl-i 155., for breach of covenant. By an' agreement dated June, 1904, plaintiff agreed to sell to one Blako part of section 30, Eutt district, for tho sum of .£1535, payable in instalments, tho final balanoe of which fell-due in 1909. A further agreement extended the payment of the balance of the purchase money to June 1915. Before its expiration the parties agreed to rescind this agreement, and arranged that plaintiff should take again possession of his land, subject to a lease for three years to Chittick, who had covenanted to cultivate the land during his lease, and to leave it. all down in good English grasses. Plaintiff alleged that this was not done; and that it cost him the amount claimed'to put the land in the condition Chittick had agreed' to le'avo it in. It had been shpwn that defendant had done something. Ho had ploughed part, and harrowed and sown it jn grasses, but tho result was not satisfactory, duo partly, defendant had claimed, to the condition of the ground and other causes not con-. trolled by. defendant. .. v His. Worship held, however, that defendant's > covenant' was absolute, and he. had not provod that it had been performed -by him. After citing a number of oases bearing npon the one under consideration, His ; Worship held that. the plaintiff, being . seized of the reversion in the land; was entitled to the benefit of defendant's covenants: in his lease by. virtue of sec--tions 86 and S8 of the Property Law Act, IWOB. ■ Judgment was therefore given for plaintiff , with ..costs amounting to ';E-1 16a. • A counter-claim by the defendant was. nonsuited; without costs..

DISPUTED BUILDING CLAIM. Tlub whole of yesterday afternoon at the ■ Magistrate's Court-was occupied with the hearing of a claim anil a counterolaim action Between Archibald C. M. Sinclair, builder, plaintiff, and Elizabeth L;. Parker. wife of G: Parker, commercial traveller, Perry Road, Day's Bay. • Mr. "W. G'. Riddell, S.M., took the case. Mr. C. W. Neilsen represented the plaintiff, and Mr. E. M. Sladden_ the defendant. Tho plaintiff's case was that ,he had built d house at Ferry Road, Day's Bay, t&r defendant, 'wh'o r a'greed : 'to pay-thu price of tbe-mafcenars and the lab6ur"ens--in ronstructioiu Tho cost of the Hoij6.o iii.th'at way was .£477 !is. Id'., biit there were.'.extras ordered , by. defendant, and these were -not . included In tho plan and-specification previously agreed upon. •A- reasonable- charge for these -was v£BB 2s. 3d. .Defendant- had paid <£405 on account,' leaving a'balance of JBIOO ss. Id.; tho-amount claimed. ;

Tho defendant, in Iter connter-okim, coritended: that plaintiff imdertook- by tendor (produced) to build a bungalow at .Dny's'-Bay .according to plan and specification for the sum of j34ifl. Tliis- offer wns accepted: Biit dofendarit contended that the house was not 1 built according, to .the plan and specifications, inasWch: as ''jtlio timbor used was not that filjocified, and the ' range .supplied' was hot .that specified. Moreover, the contract. time ..was. exceeded,' and. 'by , reason nf these matters defendant had suffered dii'mpßO. assessed at ,C. r >2 Its., the amount of the counter-claim. ..... The hcarinp of the case' was not con.oluded wlien the Court, rose, and further hearing ..was. .adjovtrned.' till Saturday rooming..' . ..' '. "• UNDEPENDED CASES! ; Judgment for. plaintiffs by default wf(S plven in the following undefended.cases: •-Alfred Ariner Carson v. H. Edgar Torrest, .£lO ss. lid., costs 155.; Jf. Martin, Md.,' v. Thomas iTiunsr, Ss. 5d.. p.ostsVje.l 10s: .Gd,;. Wellinßton. Traders' Agency, (assignee, of ■ I?. 'D. Hanloii). v. KeftiDald Alexander, -7s. ■ 6d., costs 55.; Alfred Armer Carson 'v. Oswald Allan Cloland, ,E2 2s. Gd..- costs 55.; Leonard IJ, Tripp an<l Charles .Alfred TCwep, attorneys of Walter Leopold Buller and Wellington City Council v. Francis Gordon Hazlewood, .£{ Os. 9d.,. costs Bs.; ,T, Godber and Co., Ltd., v. Leonard Webb, .•CI 175., costs lis, i ■ On6low Borough Council v. .William Edwin Bateman,' .i',l fr<., coats ,75.; Elizabeth Suirtmprs v. K. TJ. Carson, ,£lO, costs ill 3s. (id.; W. Booth and Co., Ltd., v. Alex. Bell, ,43 ss. lid.; costs 125.; Public Tr.ustoe v. ftenry Ffarsnnt Thompson, .£27 10s. Gc!., cists .£3 45.; Lniira Staddonks v. •lohn Tsaac Crowv." J!2l 117s-, costs £2 17s.j Mrs. A. A. M'Drtnald v. Fred Sage, i£S 125., costs .£!1. !)s. Gd. .• . In . thn case ,of Baker Bros. v. Bessie M'Callum, judgment was riven'for plaintiff by. default for .£■! lGs., with 15s. costsl and a warrant was ordered to be ifiDtlcd nsrainst the defendant l'or {/obscssion of the house. POLTCE OASES. Mr. D. G. A. Cooper, S.M., dealt with thb following, police cases:— A woman of G1 vcars, named Nora Nugent, with lour previous convictions ngiilnst her tills year, was charged with drunkenness, and was fined ;C3, or in default one month's imprisonment. There was ono previous conviction in>ninst Louisd Tierney, aged 55, and she was fined 10s., or forty-eight hours' imprisonment, for insobriety. A young woman, only 2.1, named Bertha Ogden, was. charged with being an idlo and disorderly person,-having no visible means of support. The Magistrate remanded Ogden for a week for a medical officer's report, , Michael Caroy, for being drunk in Sydney Street, was fined 10s., or in default forty-eight hours' imprisonment. ■. for drunkenness, David Colvin was ■convicted'and discharged; and for acting indecently he was fined 205.,' in delimit' ttoeo days' imprisonment. • On June 23 tho Anchor Line Shipping Co. missed three pounds of butter, valued at Os., and Charles Booth was charged with having taken tho butter. He pleaded not guilty, and asked for a remaud'm order to employ counsel. The Magistrate remanded the caso till Saturday, allowing bail in accused's own recognisance of .810, and ouo surety of

vES For committing ;in indeceht act in Tory Street, Mark Webber (31) was fined •lOs.r or in tU'J'guill wen days' imprisonment.