MAGISTRATE'S COURT

Dominion, Volume 11, Issue 115, 1 February 1918, Page 7

MAGISTRATE'S COURT

THE POLICE LIST Mr. S. E. M'Carthy, S.M., dealt with the police cases in tho Magistrate s Court yesterday. Walter Henry Newman was charged that on January 29 ho did assault Charles "White. Ho pleaded guilty. According to Inspector Marsnck, defendant had been drinking during the day, nnd was for a time in the company of White. In tho evening lie went to White's house, taking a bottle of beer with him. Whito objected to Newman coming into the house, whereupon Newman struck him on the head with a bottle of beer. White set out to find a policeman, and during his absence Newman fell asleep on the floor of the house. Mr. H. F. O'Leary, who appeared for the .defendant, said that Newman had no recollection of the aFfair. He was drinking throughout tho day, and remembered nothing of the incident. The defendant was fined £10, lielf of the fine to go to the man assaulted, in default two months' imprisonment. Halver Andrew Anderson, for whom Mr. E. C. Lovvy appeared, was remanded to February T on several charges of stenling bicycles. A fireman named Andrew Clnary was fined £5, in default one month s imprisonment, for using obscene language, and wns convicted and discharged for drunkenness. William Patrick Lee, who wns found helplessly drunk on Plimmw's Steps, n-as fined 405., with, the alternative of serving seven days in gaol, and waa also ordered to pay 17s. 6d. medical expenses, with the option of seven days imprisonment, the terms to be cumulative. , For insobriety, four first offenders were dealt with. CIVIL CASES . JUDGMENTS BY DEFAULT. Mr. AY. G. Riddell, S.M., dealt with the civil cases. . Judgment was given for plaintiffs in the following undefended suits:—le Aro Drapery Co., Ltd., v. Mary Dennis, £4 6s. 6d., costs 125.; Assignees of J. A. Kelly v. John Collins, £3 17s. Sd., costs 10s.; Charles Begg and Co., Ltd., v. A. Cannichael, £1 Is., costs lis.; Patea Hospital and Chnritable Aid Board v. Ocean A. Melville, £42 12a., costs £2 145.; Laery and, Co., Ltd., v. Henry John Stevens, £G 45., costs 235. 6d.': Charles Fisher v: Myra A)tkon, £10, costs 235. 6d.

JUDGMENT SUMMONS.

In a, judgment summons case S. Carpenter wns ordered to pay J. J. Lfingridgo and Co., Ltd.. the sum of £4 Os. Gd. by February H, or undergo four days' imprisonment.

STORAGE OF A MOTOR-CAR

Mr. Riddell delivered reserved judgment in tho caso in which H. L. Pearsou, of Elathorpe, Hawko's Bay, claimed from Nollio proprietress of the A.B.C. Motor Garage, Lambton Quay, the sum of £8, being tho value of two tyres alleged to have been taken from plaintiff's motor-car while stored in defendant's garage between May 2 and 23, 1917. Plaintiff stated that when ho left the car there were two new tyres securely strapped to the back of it. He was told that tho car would be secure, and ho agreed to pay 7s. Gd. per week storage. Three weeks later when he retailed from the south he found that the tyres wcro missing. It was suggested that' the tyres had probably licen Ehnkcn off in tho journey from Napier to Wellington, but plaintiff did not admit that any such accident had happened. Defendant's manager stated that he remembered plaintiff's • car being brought into tho garage, hut plaintiff did not call attention to the fact.that tliore were two tyres strapped on the back, and he did not notice them.'

Defendant denied responsibility, and said that the usual precautions were taken to provide against loss or damage to plaintiff's property during its storage in the garage. Notices were posted in the garage that all care was taken of property left, but no responsibility, and it was usual for owners leaving cars to put loose or other articles n'liich might ho removed without authority into the office, in order that greater safety might be secured. His Worship Rioted numerous authorities and decided as follow:—"The wholo matter resolves itself into a question whether defendant lias or has not exercised sufficient caro in respect to the chattels entrusted to her. Here I think plaintiff's failure to bring the existence of the tyres under the notice of defendant, combined with the fact that the care exercised by defendant over the custody of plaintiff's car was tho same 'as that nxorcised over her own goods and under tho circumstances reasonable, is sufficient to warrant the Court in holding that defendant's liability for the loss of plaintiff's tyres lias not been established." Judgment was given for defendant, who was allowed £1 18s. costs. At the hearing Mr. H. F. O'Leary appeared for plaintiff and Mr. G. G. G. Watson for defendant. OTHER DEFENDED CASES. In the case of William H. Heslop ■against William Windley, a claim for £3 10s. 9d., judgment was given for plaintiff for £1 11s. 7d. and costs, 11s. Plaintiff was nonsuited and the defondant allowed £1 Is. costs in the case of E. A. Wilson against W. R. Sadler, claim for possession of a tenement. A PETONB CASE. Mr. S. E. M'Cartliy, S.M., delivered reserved judgment in a case heard at Petone, in which , it was alleged that William Savage was tho father of a certain illegitimate child, and praying for an,adjudgment of paternity and an order for maintenance and expenses. After reviewing xhe evidence at some length the Magistrate hold that defendant was the father of the child, and accordingly ordered him to pay 10s. a week for its support and expenses totalling £17 7s. Mr. E. P. Bunny appeared for complainant and Mr. F. R. Smith for defendant.juvenTleTourt In the Juvenile Court, before Mr. M'Carthy, two brothers aged 10 and 12 years were charged with the theft of a wristlet watch, valued at £2 10s., from a house at Island Bay on January 15. From statements made in the Court it appears that the boys went to Island Bay to call .for a stamp album which had been loft in a friend's houso by the youngsr lad. The occupants of the house were absent at tho time, and tho older boy, seeing a window open, climbed inside and came away with the watch, which was later exchanged for a bicycle lamp and fountain pen. The father gave evidence that tho elder lad had so frequently been in trouble at homo that he tad applied some months ago to linvc him committed to an industrial school, but his application was not granted. Tho younger hoy, however, had given no trouble,: but his brother, if allowed to remain at homo, would prohahly have a bud influence over him. Tho elder hoy was committed to tho Stoke Industrial School, while the younger boy was convicted and ordered to como up for sen" tence when called upon, and was ordered to report to the probation office of the Education Department once a fortnight For 12 months.