MAGISTRATE'S COURT

Dominion, Volume 11, Issue 131, 20 February 1918, Page 5

MAGISTRATE'S COURT

CIVIL CASES

A FOX TERRIER AND FOWLS

A quarrel between neighbours residing at Island Bay was ventilated in tho Magistrate's Court yesterday before Mr. W. G. Riddoll, S.M. Henry Dennistoiij for whom Mr. H. F. O'Loary appeared, kept fowls, and James Kennedy, who was represented by Mr. R. H. Webb, kept pedigree dogs. A fox terrier pujj, which James Kennedy valued at £16, worried and killed some of tlio fowls owned by Dennison. On December 25, wlien Kennedy went to work, he left the dog chained up, but when lie returned he found the dog had been let looso. Deunison complained that the dog had killed some of his fowls, and he had therefore shut it up in bis place and refused to give it up until Kennedy mado good the damage the dog had done. Kennedy said ho was willing to make restitution if it were proved that his dog had. done the damage. No payment was made, and later, when Kennedy asked for the return of his dog ho discovered that tho animal had been destroyed. Kennedy admitted that he had told the Dennisons that if he caught his dog killing their fowls they could kill tho dog, also that he was told by the defendant that the pup would be destroyed unless payment was made for tho fowls which the dog had killed. Kennedy claimed £15, tho value of the dog,. and Dennison counter-claimed for 405., the value of the fowls destroyed. For tho defence it was stated that the dog was captured in the fowl coop on the property of defendants, and the plaintiff was advised that the dog had been captured, and would not be returned unless the' damage done by the animal was paid. Tho dog wae kept for a week and then destroyed. It was further contended that under the Dog Registration Act the dog, not having a proper registration collar, the defendant had a perfect right to destroy the animal. After hearing the evidence judgment was given for plaintiff for £9 and costs, and on the counter-claim judgment was given for £2 and costs. UNDEFENDED OASES. Judgment was given for plaintiff by default in the following cases:—City Carriage and Motor Works v. R. G. Muirhead, £4 16s. 6tk, costs 125.; William Nees v. E. Jones and Son, £2 os. Bd., coste lls.; Public Trustee (W. L. Luxford's Trust) v. H. G. Marchant, £3 55., costs 10s.; Governors of Wellington College and Girls' High School v. Mrs. J. W. Bull, £1 15s. 4d., costs 75.; James 51. Porter v. Anjrus 0. Archer, £8 17s. 2d., costs 255. Gd. DEMONSTRATION CAR.

Stanton and Kvans, motor garage proprietors, Moleeworth Street, proceeded against the Zii.ilandia. Motor Importing Co., Ltd., to recover £84 13s. for repairs to a The de- , fendants made a counter-claim for £57, stating that a car sent to the plaintiffs for demonstration purposes was used for the purpose of hire on a journey from Wellington to Trentham on October 22 last, in respect of which £7 was claimed, and further that the car was so badly damaged as to be reduced from the status of a new car to that of a second-hand car, in respect of which £50 was claimed. Mr. W. L. Rotlienberg appeared for plaintiffs, and Mr. J. S. Barton for defendants. After hearing considerable* evidence on the counter-claim, the case was adjourned to March 5. A BUILDER'S CLAIM. Before Mr. S. E. M'Carthy,' S.M., Thomas Williamson- Ward, builder and contractor, of Rosenoath, claimed from Mrs. Elizabeth Drew, restaurantkeeper, of' Lyall Bay, the sum of ( £65 7s. lOd., being the balance of amount alleged to bo due for materials furnished and work done by the plaintiff for defendant, at her request, in erecting a house and tea-rooms. Defend- , ant cnuntor-elaimod for £43 10s. for work in the building alleged to have boon left -undone, incomplete, and defective.

Sir Kennetl) Douglas appeared for plaintiff and Mr. A. J. Luke for defendant.

Judgment was given for plaintiff for £62 10s., and costs, and for the defendant on tlie counter-claim £7 10s. and costs.