MAGISTRATE'S COURT

Dominion, Volume 11, Issue 139, 1 March 1918, Page 5

MAGISTRATE'S COURT

POLICE AND CIVIL OASES. Mr. S. E. M'Carthy, S.M., presided at the Magistrate's Court yesterday and dealt with the police cases. Klau Frauberg was charged with being drunk, and also with wilfully damaging a pane of glass value £12, the property of tho Dominion Rubber Company. After hearing the details from Acting-Siib-Jnspector Emerson, His "Worship pointed out that the man was too drunk to be guilty of wilfully damaging the glassy and a conviction on that charge, which was a criminal one, could not be sustained. There was a civil remedy, and this course could be adopted. The charge of damaging the glass was dismissed, and for .being drunk Frauberjj was fined 10s., in default 24 hours' imprisonment. For insobriety two first offenders were each fined 10s., with the alternativo of serving 24 hours' imprisonment.

CIVIL CASES:Mr. W G. lliddell, S.M., dealt with the civil cases. Judgment was given for plaintiff by default in the following cases:—Frost and Frost v. A. Boon, £6 95., costs 245. 6d.; N.Z. Acetylene Gas Co. v. Frederick C. Griffiths, £4 155., costs 10s.; J. B. MacEwan and Co. v. Rapihana Hawaikirangi, £G 10s. 3d., costs 335. 6d.; Henry Hughes; Ltd., v. Stuart O. Johns, £94 16s. 6d., costs £5 Is.; State Advances Department v. Paul Olsen, £6 ss. Id., costs 11s.; Gordon and Gotcli v. F. Marriott, £i Ss. Bd., costs 125.; Commercial Agency and Thomas Hortou, Ltd.; v. W. W. Adams, £16 ss. 6d., costs 30s. 6d.; E. W; Mills and Co., Ltd,, v. Alfred Robb, £20 os. 4d., costs £2 145.; Veitch and Allan v. D. W. Murray, £4 25., costs 125.; Wellington Glass' Co., Ltd., v. Mrs. Ellen Hurcomb, £1 10s. 6d., costs 65.; JCampbell v. Mr. Lewis, £8 145., costs 235. 6d.; M'Eldowney Bros. v. R. E. Shaw, £82 2s. 5d., costs £4 11s.; Commercial Agency-and M'Eldowney Bros, v. R. E. Shaw, £176 6s. IOtL, costs £7 18s.; AVilhelm Farquhar Eagcrs v. Thomas Alfred James, £5 18s. 6d., costs 13s. JUDGMENT SUMMONS. In a judgment summons case Walter Keay was ordered to pay H. P. Brown £12 os. 3d. by March 14, in default 10 days' imprisonment. CLAIM FOR DAMAGES. ■An accident which occurred on an •oversea vessel berthed at the Glasgow Wharf on the night of November 9 led to a claim for damages being brought by John Keogh, a waterside worker, who was represented by Mr. P. J. O'B-egan, against the Commonwealth and Dominion Line, Ltd., shipowners, for whom Mr. G. G. G: Watson appeared. The statement of claim set out that on the evening in question plaintiff was employed in the coaling of an oversea vessel. While so_ employed he re-., ceived an injury which had resulted in his total disablement, and it was claimed that plaintiff would be so disabled for an indefinite time. It was alleged that two hatches in the vessel had been placed under -the lower end of the gangway by which access was obtained to the ship, and that these became separated and moved from their position. By reason of the absence of any light about tho gangway the plaintiff stumbled and fell, thereby receiving injuries to the left ankle. It was contended that the defendant company failed in its duty, inasmuch as the hatch became displaced, and that if a light had been provided the accident might have been avoided. Plaintiff claimed £10 10s. special damages,, medical expenses, and loss of wages, totalling £49 155., and general damages Aftor hearing part of the evidence tho case was adjourned -until to-day, when a nonsuit point to bo raised by the defendant company's counsel will be argued.