MAGISTRATE'S COURT

Dominion, Volume 11, Issue 73, 19 December 1917, Page 8

MAGISTRATE'S COURT

. POLICE CASES

RESERVED JUDGMENTS

Mr. S. E. M'Carthy, S.M., yesterday heard tho police cases in the Magistrate's Court. Sarah Goodwin, for tbo latest of a number of lapsos from sobriety, was sentenced to three months' imprisonment. Alfred Gibson Gunson was also convicted of insobriety, and fined ?;5, with medical expenses (17s. 6d.). Georgo Harold Little, a youth of eighteen, pleaded guilty to a :harge of stealing a rifle, valued at £1 Senior-Sergeant Emerson, who prosecuted, said that there was nothing else known against Little, who was tho sole support of a widowed u. other. His Worship ordered the lad to come up for sentence when called upon. Frederick Simmiss was remanded to December 26 on a charge of stealing a motor-car valued at £185.

TRUANCY. For failing to send children regularly to school, Thomas Codyre, Hugh Patrick, and James M'Rao were each fined 10s. and costs. Albert Pudney was fined £2 and costs for a similar offence. $ CIVIL BUSINESS. Mr. W. G. Biddell, S.M., presided over the civil business. The Inspector of Awards <pcdsecuted W. F. Macklin, draper, . and Queree Bros., drapers, also, for employing more apprentices than the soft goods trade employees' award permitted. Macklin was fined 205., and Queree Bros, were fined £2. Spiros Alexandratos (Mr. P. AV. Jackson) claimed from Spiros Pipos (Mr. O'Leary) £25 damages for assault. His Worship upheld Mr. O'Leary's contention that the defendant, having been already convicted and fined for the assault; as the :esult of, polico procedings initiated by the plaintiff, was not liable to pay damages.

JUDGMENT BY DEFAULT. Mr. W. G. lliddell, S.M., save judgment .for plaintiff by default in the following undefended cases: —Westport Coal Co., Ltd., v. the Tauranga Gas Company, £130 los. 2d., costs £6 65.; James Campbell v. Lewis Siegel, £12, costs £1 10s. 6d.; John James Cottier v. Mrs.' M. S. Black, £9 7b. L : d., costs £1 Ss. 6d., and possession of a tenement; British and Continental Piano Co. v. Lydia Ann Wilson, £27 Os. 9d„ costs £2 155.; same v. Edith Reddy, £34 195., costs £2 145.; same v. Annie Maud Kater, £13 14s. 5d., costs £110s. 6d.; same v. Mrs. B. Bell, £12 18s. 6d., costs £1 10s. 6d.

RESERVED JUDGMENTS DELIVERED. His Worship delivered his reserved judgment upon two cases. The first was an action brought by William Stanley against Hansford and Mills, contractors, for damages for an tccident which happened to him in tho course of his employment. The plaintiff was working for the defendants upon the erection oPa building. One day he stepped on an unsupported rafter-end, and was precipitated to tho ground. He alleged that the accident was due to negligence on the part of the defendants, and ho therefore claimed £?3 16s. Bd. damages, mado up as follows: Wages lost, £23 16s. Bd.; medical expenses £10: and general, £2(1. His Worship held that the plaintiff s was guilty of contributory-negligence, and that judgment must therefore Le entered for the defendants. The second action decided ivas one brought by J. B. Hulbert, bootmaker, against C. W. Price, auctioneer. Tho plaintiff was tho purchaser vi hoots sold at auction by tlw plaintiff on bohalf of,an undisclosed principal. The defendant said tha,t the boots wero all right, but the plaintiff said that ho afterwards found the goods of such bad quality as to bo unsaleable. The plaintiff contended that defendant's statement that the boots were all right amounted to a warranty, and he therefore claimed from tho defendant £94 2s. 6d. (amount paid for the boots) and £30.damages for loss of business credit and loss of profit. His Worship referred to the fact that before the sale the defendant read the conditions, and in them no warranty was given. After reviewing the evidence at some length, ho held that the plaintiff had *.u>d to prove warranty, and he accordingly entered judgment for the defendant.