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MAGISTRATE'S COURT

SHIPPING CO.'S LIABILITIES AN INTERESTING CASE Mr. AV. G. Riddeil, S.M., dealt with the civil cases in the Magistrate's Court yesterday:— An interesting action concerning a slapping company's liabilities in connection with the shipment and delivery of inotor-oars from New York to Wellington ocoupied the Court for a considerable time. Tho plaintiffs were T. and AA'. Young, of Wellington, merchants, and tho de- ! fendants tno master and owners of tho s.s. Clan Farquhar, for whom Dnlgcty and Co., Wellington, were acting as agents. Mr. T. Young Ycpresentcd the plaintiffs, and Mr. A. W. Mail" appeared for defendants. The statement of claim alleged that on, or about, September 4, 1915, plaintiffs caused to be delivered to defendants at New York four oases of motorcars to be shipped on the steamer Clan Farquhar, and to be delivered in Wellington to the order of Arkell and Douglas. The goods were not delivered ill good order and condition, but were severely damaged, so much so that two of tho cars had to be repaired by plaintiffs at a cost of £84 4s. The plaintiffs also alleged that they had incurred expenses in connection with the storage and insurance of the damaged cars while under repair, amounting to £18. It was also claimed that plaintiffs had suffered further damago by reason of the depreciation in tho values of the motor-cars, and the delay causcd in tho sale thereof, amounting to £50. It was alleged that the damage was caused by the negligence of the defendants, their servants," or agents, in connection with stowage, or handling of the goods, or by the negligence of the defendants in causing, or allowing-, the cases to fall, or allowing other goods to fall upon thein. For the defence it was contended that the cases in which the motor-cars had been shipped at New York liad been too. frail. Further, the cost of repairs was considered to he abnormal lor the amount of work done. Much evidence, of an expert nature was called. It mostly concerncd tho question of how the cars had been packed and shipped. His Worship reserved his decision. DAMAGES AWARDED. Charlotte Treadwell claimed tho sum of £2 lis. 9d., and costs Bs., from Elizabeth Archer, for alleged damage caused to furniture in a, furnished house rented by defendant.' His AVornhip gave judgment for amount claimed and costs. JUDGMENT BY DEFAULT. Judgment by default was given in the following undefended cases: —Jack Jaoobus v. 11. J. Rankin, £1, costs 65.; AA r elsbach Light Co. of Australasia, Ltd., v. Arthur AVade, £24 7s. 3d., costs £2- 145.; John T. Foley v. Charles Smith, l£2 t costs 55.; • James Russell and his assignee, P. H. Putnam, v. William Henry Kinvig, £4 12s. 7d., costs 125.; Charles Grant Watt v. Henry Muncaster, £1 10s. 6d., costs 55.; "New Zealand Times" Co., Ltd. ,v. Leslie V. Dahl, £6 6s. Bd., costs £1 3s. 6d.; J. B. Clarkson and Co., Ltd., v. John Blake, £2 17s. 7d., costs 175.; John Mill and Co. v. Arthur .Tames Galyer, £11 18s. 4d., costs £1 13s. 6d.; Knapp and Roberts v. R. Welsby, £6 65., costs £1 'Is. 6d.; Barry H. Tombs, Ltd., v. H. AV. von Danneville, £5, costs £1 4s. 6d.; Galt'in and Co. v. Charles Dunston, £3, costs ss.'; E. Reynolds and Co., Ltd., v. The King County. Motor Co., £10, costs Bs.; N. H. Jack v. G. H. Sykes, £18 6s. 5d., costs £1 10s. |od. ■ JUDGMENT SUMMONSES. Judgment, summonses were dealt rrith as under:— George D'emuth was ordered to pay tho AVellington Motor-car, Horse Drivers, and Livery AA'orkers' Union the sum of £1 16s.'on, or before September 6, in default' twenty-four hours' imprisonment. J. Firth was ordered to pay AVilliam Hobbs the sum of £7 10s. 6d. on or before September 5, in default seven days' imprisonment. NONSUIT IN CLAIM FOR DAMAGES. Mr. L. G. Reid, S.M., heard the following civil case: — Martin Baigenfc, sawmiller, of Akatarawa, for whom Mr. F. E. Petherick appeared, claimed from tho Hutt Count.y Council, represented by Mr. T. AV. HislojS the sum of £14 10s. 6d.— £6 10s. 6d. being for the cost of repairs to his motor-bicycle and £8 representing general damages. Iu outlining the case, Mr. Petherick said that on March 20, in consequence of . the alleged negligence of defendants iu having left unlighted (and without public -notification of intention to erect same) an obstruction across the Akatarawa Road, in the Hutt County, the plaintiff, while ridiug along the road ou a motor-cycle, ran into the obstruction. The result was that lie had received personal injury, and his motorcycle had been damaged. Plaintiff had lost the use of his bicycle for busings purposes, and had also suffered inconvenience and loss thereby. Therefore the damages stated were claimed. It was stated in ,evidence that the accident hail occurred in daylight, and also that the obstruction could be seen from a distance of one to one. and a half chains. After hearing the facts, the Magistrate nonsuited plaintiff, and allowed defendant £1 93. costs. POLICE CASES. STORY OF AN INCORRIGIBLE ROGUE. Mr. L'. G. Reid, S.M., occupied the Bchcli during the hearing of police cases. On July 12, John AVilliam Davis appeared before Mr! AV. G. Riddeil, S.M., charged with being an incorrigible rogue. On that occasion he was convicted and ordered to come up for sentenco when called* upon, provided lie left the. city, and went into the country and obtained work. Yesterday morning Davis again appeared in Court, and was fined by Mr. L. G. Reid. S.M., 10s., .in default three days' imprisonment, for drunkenness. Inspector Hendrey asked that on account of Davis having returned to tofrh he should be dealt with under the previous conviction. Mr.. Reid suggested that as Mr. Riddeil had previously heard the case lie had better deal witn accused in the present instance. This course was adopted, and Mr. Riddeil, after hearing Inspector Hendrcy said that he was not prepared to give effect to his former verdict, because Davis had gone into the country as lie promised, and had evidently been at work there. Accused said that lie had only come to town' to purchase a few things, and the police- had got hold of him. He was working in the country, and had work' to go back to. His Worship: "AA'cll, you had better go bacir to tho country, and get to work as quickly as possible. This will be a warning to .you." His AA'orsbip also said that Davis was liable to twelve months' imprisonment, and if he came up again ho would be severely dealt with. EJECTED FROM 'I'l-IREE TIOTETA Patrick lliady, after bcinji' ejected from two hotels, wont to a third, picked up a mug, and bowled it against the counter. He was again cjecled,

and rah into the hands of a policeman, with' whom lie wanted to have. a. stand-up fight. The consequence was that he appeared yesterday morning on a charge of having behaved in a disorderly manner while drank, and was fined 205., in default fourteen days' imprisonment. . Inspector flondrey said that Brady had a record which slioweu fnat he had been in .the military 'forces, and had been sentenced to a Ferm of imprisonment for having stfucii an officer. MISCELLANEOUS CASES. A ten-year-old boy, who had wandered from bis homo in Hokitika, was, ordered to be returned to his parents. A lad, fifteen years of age, was charged with stealing several postal notes, from the "New Zealand.Times" Office, the total value of .which amounted to £3 2s. His Worship convicted accused, and released him on condition that the amount of tho stolen notes was refunded. He was also ordered to come up for senteneo when called upon. James Bernard Daly was fined 205., in default seven days' imprisonment, .for drunkenness.

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/DOM19160823.2.55

Bibliographic details
Ngā taipitopito pukapuka

Dominion, Volume 9, Issue 2857, 23 August 1916, Page 9

Word count
Tapeke kupu
1,304

MAGISTRATE'S COURT Dominion, Volume 9, Issue 2857, 23 August 1916, Page 9

MAGISTRATE'S COURT Dominion, Volume 9, Issue 2857, 23 August 1916, Page 9

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