MAGISTRATE'S COURT

Dominion, Volume 10, Issue 3091, 23 May 1917, Page 9

MAGISTRATE'S COURT

CLAIM FOR MEDICAL EXPENSES In the Magistrate's Court yesterday, before Mr. W. G. Eiddelk S.M., Dr. Cll- - of Wellington, sought to recover I from Thomas Kelly, settler, tlie sum of 1 JE6S 18a. 6(1., heing tho balance alleged I to bo duo in respect to several operations performed by plaintiff ou defendant's son. Drs. Martin and Ewart gave evidence that the charges made were very reasonable. Dr. CaliiU stated that he performed forty-five operations. Ho was asked by the defendant not to spare any expense to save life. He called in several other doctors in consultation, and tho defendant was advised that the operations would not be ultimately successful. After the major operation it was necessary to perform forty-four minor operations to give the patient ease. The defendant pleaded the Statute of. Limitations, and the Magistrate said ho would havo to nonsuit plaintiff on that point. The evidence showed that the charges made were reasonable, and while there may be a moral obligation on the part of tho defendant to pay the amount, ho was not legally liable. No costs were allowed defendant. Mr. G. G. G. Watson appeared for plaintiff, and Mr. E. M. Beechy for defendant.

DAMAGE TO CIIAIES." Before Mr. L. G. Keid, S.M., Wilhelminia Pickering, of Wellington, widow, proceeded against Felix James, a col-* oured man, cook at the Pier Hotel, to recover the sum of £1 Bs., being the value of four chairs, the property of the plaintiff, destroyed by the defendant. • The defendant counter-claimed the sum of 195., being tho value of six chairs which defendant alleged were left at plaintiff's house in September, 1916, and not returned. It was disclosed in evidence that the defendant at tho time was the proprietor of a fish shop, and plaintiff was in his employ. "When the business was closed, defendant owed plaintiff 255. for wages, and gave.her tho four chairs in settlement of the claim. Later, defendant claimed tho chairs, which the plaintiff refused to give up, and the defendant then destroyed them. In giving his decision, the Magistrate said tho balance of evidence was in favour of the plaintiff, and gave judgment for tho amount claimed, with costs totalling 12s. Defendant was nonsuited on the counterclaim. Mr. H. P. O'Leary appeared for plaintiff, and Mr. 0. C. Mazengarb for the defendant. RESERVED JUDGMENT. Judgment was given by Mr. W, G. Kiddell, S.M., in the civil case in which Chapman Taylor, architect and builder, claimed from Amy Barker the sum of X'6C 10s. (id., balance duo ou a building contract. Tho full amount claimed, less £3 10s., was allowed, and on the coun-ter-claim judgment was given for .CI. At the heaving Mr. 11. M. Becchy appeared for plaintiff, and Mr. H. l'\ O'Leary for defendant. UNDEFENDED CASES. Judgment was given for plaintiff by default in. the following undefended cases:—W. E. Lutz v. lidgar Thomas Holmes, £3 Cs. 4d., costs 10s.; George Hutchison (on behalf of tho late firm of Hutchison and Arnold) v. Orivra Topoko and Wiremu Rangi, .£lB9 7s. tid., costs J£l3 3s. 6d.; Mrs. Georgiana Bould, v. W. C Whittiugton, £o 4s. 6d., costs .£1 Gs. Cd.; Stewart Timber Company v. M. Arthur Milliken Structural Engineering Co., ,£134 Os. 2d., costs .£2 Is.; Meai Kasool v. Mullabh Jarani, .-£63 12s. 9d., costs £i Is. 6d.; B. Smith v. J. Marshall, 10s., costs 55.; To Aro Furnishing Co. v. K. Newcombo, J!8 4s. 2d., costs £1 lis. Gd.; Public Trusteo v. Albert Marshall, X!i, costs £1 2s. 6d.; Frederick Lewis v. Bertram William Manns, £2\ 75., costs X' 2 14s.

POLICE CASES. Mr. L. 6. Kcid, S.M., heard the police cases. Edith Conway ploadcd guilty to. being a rogue and a vagabond, in that alio possessed insufficient lawful moans of/ support. There was a long list of previous convictions against accused, and sho was sent to gaol for a month. Knudt Olscn, who was convicted of having behaved in a disorderly manner in Cuba Streot, was fined 10s., in default throe days' imprisonment. Michael Bateson, for using threatening behaviour in Manners Street, was fined Ms., iu the alternative three days' imprisonment. A seaman named Ivar Taivuncii, for disobeying the lawful commands of tho chief officer of hi? vessel, was lined .£2, in default forty-eight hours' imprisonment, and was ordered to forfeit two days' pay. A fireman named Duncan Klecbr, for disobeying the chiof engineer of his vessel while on tho high seas, was lined tOs., or to servo fourteen days in gaol. James Grant, a coloured man, was charged that on April 12, at "Wellington, ha did publish a statement as follows:— "I would sooner fight for the German navy that I would for tho British. Our colours got mor.o credit from tho Germans than they do from tho British," which statement indicated disloyalty in respect to tho present war, contrary to the War Regulations. Mr. P. AV. Jackson, who appeared for accused, asked for a remand until to-morrow afternoon, which was granted, bail being allowed in .£SO and one surety of £50.