MAGISTRATE'S COURT

Dominion, Volume 12, Issue 226, 18 June 1919, Page 2

MAGISTRATE'S COURT

1 POLICE CASES

Mr. F. V; Fraser, S.M., presided over the police side of the Magistrate's Court yesterday. Acting-Sub-Inspector- Willis conducted the police civjes. - " Frederick Barton was charged with having boon found helplessly drunk' in' Willis Street. He'was remanded for a week's medical'treatment. - • A charge of having incited Birtori ; to resist the police Vas preferred against Edward -Peyton. -The policeman who had arrested Barton stated that Pay : ton followed all the. way ;' to the' Tariinaki Street station, calling out oriceToV' twice "Come on, hoys,' don't .let'them take him." In .his defence accused alleged that 6onieOno elso must have'been, the guilty party,'>. He claimed that'the case was one of mistaken identity; The Magistrate (dismissed .the charge.. . . Two first' offenders were convicted of insobriety, and were' each 'fined- the amount of their bail (103.)-" " Another first offender who appeared before the Court was fined ' ALLEGED BREACHES OF THE BYLAWS.' . '■' _ Henry Martindale, the driver, of .'an' insufficiently-lighted- car, was . fined 10a.,, with costs 7s. - " ' . James Leach ivas charged with haying, driven a car on the wrong side of Adelaide Road. ' The case was dismissed. Clarence M'Knight, who had exceeded the speed limit .'of six miles per .hour in, driving . a motor, lorry from, Ltimbton Quay into Molesworth- Street,' was fined IPs.. with costs- 7s. . Osmond Disley,. the owner ,of a cow found, wandering at Karori, was' fined, with costs "s. .' - A. ■ WATERSEDER'S CLAIM. ' ' Mr. W./'G. Riddell, sil., heard most', uf the civil business. Mr. P. J. O'Regan appeared for Vic-, tor Owler, « Wellington waterside worker. in a suit against Htuldart, Parker, Ltd., for J284 Os. »10d. damages. Mr. A. W. Bl.iiv defended. The caso had been previously before the Court, .and the plaintiff had been nonsuited. '-'-Mr'.< O'Regan. yesterday had fresh evidence to offer. • The plaintiff alleged that while he was employed by the defendant company eg a coal trimmer on - the s.s. TTlimaroa -he sustained injuries in an accident due to negligence on the part of the company. He had been'struck on the head and shoulders-by a. lump or-mass ,of ' cml failing prematurely, from a' trolly that was. travelling to a tip-head. The tram--way unon which'the trolly rari was, plaintiff alleged, unnecessarily steep, and the company , had-neglected to safeguard workers below by tho placing in position of the usual screen or grating. Also,: the foreman trimmer had neglected-be-fore proceeding with the work to see thnt all tho men in his gang were safely, below. Plaintiff detailed his claim for damages as follows Loss of wages, £23 16s. lOd.; hospital expenses, £4 45.; general, <650. • • ' " , The defendants ' denied' liability, ■ and alleged -that tho plaintiff liad been.' guilty, of contributory negligence. • , . Several witnesses were heard, and ' the case then had 'to be adjourned -unfinished. Thursday. .Tune 26, was fixed .for resumption of the hearing. . .; . .. POSSESSION OF A DWELLING.' Geoffrey Farsons sought to recover from Algernon Bates the. possession . Of: a tenement. The Magistrate, after hearing counsel on both sides, ordered t]ie defendant to give up possession on .orbeforo .Tnly 1. The plaintiff acceptedIn satisfaction : of a claim-for rent .a?. amount that the defendant had; paid into the Court.

A 'BUILDING CONTRACT. :,' . Louisa Raymond sued P. .T; Bydder,iMiildor, of Wellington, fnr «£B6 23. 1(1. Tie. case arose] out*-of -'the'* erection of'a dwelling -by the defendant, for: the .p]ajn-; tiff. The plaintiff' claimed, tliii't it; had' cost her, <£V 0 2s. Id. to remedy certain de-. .feists"sn"..the. building.'''" She recover thatamount, less, .£13,. which she admitted was • due to the'defendant for "extras."The defendant, in a coun-" ter-claim, estimated the amount diio for the "extras" at <813- 165." Ud;' nied that tli6 work'he had dono or : the materials he had wed were defective 'or below specifications.' After hearing evidence, His Worship reserved his'deoision.

CASE PARTLY HEARD. ' • ■ - Tlis adiourned ease of John H. Flock"-, ton against Joseph Boucher • was continued. • The claim was for .£72 IBs., for Roods sold and supplied. Defendant.liad refused to accept delivery on,the ground that the 1 goods were delivered late. He denied liability. Further evidence was heard • and the case was adjourned Birie die. pending the procurement of more witnesses.'

UNDEFENDED ACTIONS. Judgment was'given for plaintiff ;by default of defendant in the following civil cases:—William A. L. Mormon v. Robert Whyte, M Gs. lid., cwte 10s.; Gordon Claud' Bare v. Robert Whyto ,£l3 Ss. 6d., costs il 10s. 6d.; A. Locko v.. John O'Brien, .£2, costa Gs ; ; Reginald Collins, Ltd., v. W. Ross Smith, Mi ,55.. costs £1 3s. • 6d.; Robert Martin, Ltd., v. A. W. Palmer and Co., .£124 15s. 10d., costs i 6 45.; M. Duggan ; v. Walter Robert Freeman, .£9 155., costs M ss. lid., Cederholm aud Sons y, A. D. \\ylio, JIOB 135., costs .£6 35.; C. Smith, Ltd., v F Paget Jones, .£3 3s. (id., costs 10s,, 1. Jacobus v. H. Ausep, M Gd„ cost, Ifls.; Denhard Automatic Baking • Co., ],td„ v. Mrs, Jessie Aitchespn, £o 156. ■id. costs £1 3s. fid.; J. Person v. J. Hunt, .£2 25., costs i Nash v. J. B. Dalton, JJS7 4s. 3d., costs i 3 18s. Gd.; Magnus, Sandersonl and Co., Ltd., v. Foster and Hare, .£ll 10s., costs .£1 10s. Od. ' .