MAGISTRATE'S COURT

Dominion, Volume 11, Issue 309, 18 September 1918, Page 7

MAGISTRATE'S COURT

DISPUTE IN A RESTAURANT ALLEGED DEFAMATORY STATEMENT ,. The mispronunciation of tho word, "rubbish" by a Greek formed the subject' of a case heard by Mr. ¥.'■'■ V. Frazer, S.M., at the Magistrate's Court yesterday, in which a claim for £50 damages for alleged defamatory statement was made by Mrs. Margaret Cresswell, ■' of Wellington, against Michael Pappis, restaurant-keeper, of Manners Street. . Defendant is the'proprietor of tho International Luncheon Booms, and plaintiff was formerly in his employ as a waitress. Plaintiff set out that on or about ■Friday, August 2,1918, defendant made to her in the hearing of three persons the following statement, which sho alleged'was falso , and' defamatory :—"I am not a-robber like you. ; You dip your fingers in the flour bag." ■ ■_• ■ Mr. J. Scott appeared for the plaintiff, and Mr. H. F. O'Leary for the defendant; ■. .■'■ It appeared that a dispute had arisen in the rooms, and something about white people and black people, to which defendant, who is a.Greek, took exception. . ' ■ For the dofandant it was stated that Pappis had used the wordsj "I am not rubbish like: you." Owing 10 his not heing able .to speak English without a foreign accent he had pronounced.the word "rubbish" as "robbish,'' and his 1 meaning had heen misinterpreted. His Worship said the explanation given for the 'defendant was so eminently reasonable that he could not possibly find for the plaintiff after her own evidence, which was. unsupported. ' Judgment, was entered for defendant. COLLISION WITH MOTOR LORRY. Deserved judgment was delivered by Sir. AV. G. Eiddell, S:M., in the case in which W. Bushett ( taxi proprietor, of Wellington, claimed a sum of £49 13s. 3d.i from.the Post and Telegraph Department for damago.done to his motorcar as the result of a collision with a motor lorry driven by_ a servant of the iDepartment. The claim was made up of £20 13s. 3d. for repairs,. £11 for loss of wages,, and £15 for depreciation in the value of the car. M During the hearing of tho caso eviidence was given for'the defendant that the lorry was being carefully driven out of the middle gate on the Queen's iWharf, and that as it was proceeding ahead at a moderate pace plaintiff's car collided frith the back wheel of the. lorry. It; was .contended that plaintiff nvas driving on a wet road at an excessive speed. Plaintiff said he was driving at about six miles an hour, and that statement was supported by witnesses, but evidence was given for the •defendant to the effect that the motorcar was travelling at 20 miles an hour. His Worship said that the weight of evidence on the point of speed was in favour of plaintiff. Had the driver cf the lorry allowed plaintiff sufficient roadway a collision could have been , avoided, ■. - Judgment was given for, plaintiff for £42 13s. 3d., with £3. 3s! -costs., _ Mr. T. Ncave represented plaintiff at the hearing, and/Mr. P. S. K. Macassey, of the Crown Law Office, appeared for the Post and Telegraph Department. COST OF A VERANDAH POST. Bofore Mr. .AV. G. .Riddell, S.M., 'Allan Smith, grocer,;of Newtown, proceeded against Jack Monro, carter, of Wellington,'on a claim for: £4 25., ■ being the .cost of replacing' a";yerandah pole which had been knocked down as a result of a cart owned by defendant crashing into it. The claim was made up as follows:—£3, 14s. cost of' new .pole, and Bs. for cartage. ' Mr. H. Buddie, who appeared for the plaintiff, stated that defendant had been engaged for some years in carting goods to plaintiff's shop. On October .6, 1917, a driver employed by defendant drove up to tho shop, but on account of the way in which he was handling the horse plaintiff remonstrated with him. The nivn took no notice, and as a consequence the cart-backed into the verandah pole and smashed it. Plaintiff gave evidence on the lines outlined by counsel. Defendant contended that the cost of the new pole was He .said the whole thing was an accident.His Worship gave judgment for plaintiff for the amount claimed, with costs teii2s. ■'.; ■ REPAIRS'TO A MOTOR-CAR. The attention of Mr. Riddell was occupied for some time in hearing a case jn which a claim for £21 9s. 6d. for repairs to a motor-car was made by Ernest Edward Moyes; proprietor of the.

Queen's Motor Works, Cambridge Terrace,' against Herbert Thomas Barnes, architect, of Willis Street. ' Mr. T. H. Gill appeared for plaintiff, and Mr. A. W. Blair for defendant.. The repairs were .carried nut in April last, and the- claim was for work dons and materials supplied therefor. Mr. Gill stated that defendant had lodged no complaint with plaintiff regarding the character of the work. On. behalf of tho defendant it was contended that the charge was excessive, and that certain work had not been properly carried out. ■ His' Worship held that the claim must be reduced, and gave judgment for the plaintiff for £5 6s. 6d. over and above the amount paid into court, £10. ,'motok-oahs in collision. A claim for £20 damages arising out of a collision between two motor-cars was made before Mr. Riddell by Matthew Babich,.fruiterer, of Wellington, against A. A.' Matterson, taxi proprietor, of Wellington.. Mr. H. F. O'Leary appeared for plaintiff, and Mr. A. W. Blair for defendant. The collision occurred in Cuba Street on; July 31 last, and plaintiff set out that the mishap was due to defendant's negligent and unskilful management; of his car; . Evidonce was given by Phillip Cecil Green, a waterside worker, who witnessed the accident, that in his opinion defendant was driving at an excessive •speed. Plaintiff, he considered, was not travelling at more than five miles per hour. He thought at first that defendant had lost 'control of his car. He did not hear defendant's horn sound. Nathaniel Hall, labourer, also gave evidence on behalf or the plaintiff, and the case was then adjourned until September 24. FOWLS KILLED BY DOGS. Mr.. Frazer heard a case'in which a sum of £6 18s. was claimed by Charles Alfred Christensen, gardener, of Wellington, from Albert Waterworth, photo, stock dealer, and Leslie Turvoy, salesman,' both of Island Bay, for the loss of thirteen fowls alleged to have been destroyed by two dogs owned by tho defendants. Mr. Douglas Jackson appeared for the plaintiff, and Mr. Luke for. the defendants. • After hearing evidence and reviewing the legal position, His' Worship gave judgment for the _ plaintiff for_ the ttVnount claimed, with costs £2 17s. -CLAIM FOR RENT. ' In a,case in which Thomas Campbell claimed from George Robinson the sum of £7 3s. for rent and possession of a tenement," judgment was given for the amount claimed, with costs £2 25., and defendant was ordered to give up possession by October 8. Mr. Riddell heard thecase, and plaintiff was represented by Mr. J. J. M'Grath. • '•UNDEFENDED CASKS. - Judgment by default was given for plaintiff in the following undefended cases':—James O'Connor v. Tom Nolan; £12", costs £115s. 6d.; Wellington Publishing Company, Ltd., v. Gabriell Elliott, £19 2s. 8d„ costs £1 10s. 6d.; same .v. H. C. Ell, 18s., costs os.; V. KirkbeCk v. R. H. Nelson,'£2 55.-3d., costs 10s.; George and George .v. James Henry Wright, .£3 6s. 4d., costs 125.; Now Zealand Tyro and Rubber Company, Ltd., v. Neils P. Neilsen, £22 13s.' lid., costs. £2 14s.' ' JUDGMENT SUMMONS. On a judgment summons, A. Wallace was ordered to pay Louise Duere £15 18s. fid. by Ootober 1, in dehult fourteen days' imprisonment.. \ "" POLICE AND BY-LAW CASES. . The; police and by-law, cases were heard-by-Mr. V..-Y'. Kramer, S.M.. ..• William M'Carthy was fined £1, in default 24 hours' imprisonment, for drunkenness. Harry Martindalo and Hugh M'Kellar were'each fined 10s v with 7s. costs, for failing to have sufficient lights on their motor-cars.- ' /.' Alfred Mildonhall was fined'los., with 13s. costs.', for having driven a vehicle at more than a walking pace from Featherstpn Street into Grey Street, and 10s., with costs 7s/, for failing to keep to the left side of the roadway while rounding the corner. Albert Thomas was fined 10s., with 75., costs, on one charge of having driven horses along Rintoul and Luxford Street without harness, or leading ropes, and on a further charge of a similar nature he was fined £1, with 7s. ■costs. - Andrew Duncan was fined 10s., with 7s. costs, for allowing horses to wander, and Len. Thompson was; fined £1, with 7s. costs, for permitting cows to roam at large.