MAGISTRATE'S COURT

Dominion, Volume 13, Issue 47, 19 November 1919, Page 2

MAGISTRATE'S COURT

< • CIVIL BUSINESS CLAIM FOR LOST GOODS Reserved judgment was ileVverpd .by Mr. AV. Ci. HidileK, S.M., nt the Jlaijis.truto's Court yesterday in .tho case'in uhie.li the Bnrns-l'liilp Shipping Comjuniy took action against the lluddartI'nrker Shipping Company, diiiming J:104 Ds 7(1., the value of a case of goods wh oh plaintiff company alleged defendants failed to deliver at Wellington in. accordance with the contract. . . Tho ease, for the plaintiffs ■ was that Die goods in question were shipped imni (i Tokio firm to W. Hi. Kirker and Co. on a through bill of ladjng issued by the N.Y.K. Shipping Company of_ Japan. 'J. he goods subsequently arrived in Sydney, nmU-ivpre taken over by plaintiffs, who undertook to carry the caeo to Welliiißton. j\s plaintiffs had no vessel of thi'ir own proceeflin? to New Hrataml thpv entered into n contract with the defendanl. company to cany tho case to Wellington. -S'nce then the case had not l)?en heard of. For the defence it was slated that no claim for the case was made for a period of nearly six weeks, when it was too h.te to find the case if it were shipped. The goods wore supposed to. have ten Miinped per the Kiverinn, which arrived in February '.nst, when the wharves were very congested, nnd ■although the Harbour Board receipts for the arw landed from that vesesl showed a deficiency of five hundred package*, it subsequently tri'iispiral that they bad been landed. His "Worship c:m',ment«l on the conditions of the bill of lading, which stated that any claim for loss must be Tendered within seven day?. The objeet of a Vmo limit in cases of claims for ■ 0.=5 was to ensure Hint the rompniiy or person liable should b? notified of the loss and c'nim within a reasonable time after its discovery in Hint such a company or person might have an opportunity of promptly making all necessary iiuiiiiries with a view to finding the lost goods or the rarie of their dienp'v.irance. and w> avoiding or niinwisin? their liabi'ity. PlaintilTs were well aware of Ihe effect of such a condHinn, and Hi? Worshin considered that tlteir fa'hu , " to notify the defendants in writing of their •intention to claim for the 10--s gnve the deiwinnts the ri?ht to nlead such an omission as a around fnr it nonsuit. Plaintiffs would be nonsuited, with costs - '.U the hdiriiiT. >l>. K K. TCirkenWic niipearcd for nlainliffs and 111 , . A. \i. Blair for the defendants. CLAIM FOE MOTOR HIKE AND GOODS. ■! A- claim amounting to XI3G 17s. lid. was heard by Mr. W. G. Kiddell, K Mm tho ■ parties be ng limy Bros., m-mluco merchants and auctioneers, plaintiffs,'ami William Edwin Bute-ii.-iii, V" collector, defendant. The claim was made up of M.> daiiiages in connection with n motor-car, <t35 for the hire of tho car', "and '.raO 17s. lid. for goods supplied, together with interest j in accordance with an agreement made between the .parties !«' .February ot- tlui 3 a' .of the plaintiff , by ■de.fe.ndarif.- counsel a$ to the terms of Hie'.'contract arranged betwtM'ithe parties .for-, the .supply of eggs etcupied iili the nfternoon l "nii(l ;the further hearing of:tho cass.wa?. adjourned tillTuesday next.; - ■ " \ Mr H. E. Evans appeared for the plain(id's, and- Ml , . 0. C. Mnzengurb for the dc-I'iMidant :'. CLAIM AGAINST A TENANT. Gertrude Snow proceeded aga'.nst T. J Smith, claiming Xi Bs. 6d. lor s» s damaged and gas Mtpplied during iMeiulmit's 'tenancy of a room sub-let by p.aintilf. Atfer healing the' evidence, His Worship gave judßtnent for the plaintiff for 7s. fid., and costs Gs. Mr. (J. W. Tanner appeared for the plaint'!)' and Mr..P. W.. Jackson for the ilcfend'.Mit. . ' '■■-.•■ .'.' ' A MATTEI! GI , FIT. : ■\ claim for' Ji\ 10s., balance duo on a «)6(!Hinv was made by Woo'.f Phillips, tailor, against Nellie Abel, before Mr. IC. Page,.S.M., at the Magistrate's Courtyesterday. Tho defendant counter-claimed for M 7s. 9d., nuule up as follows,:—Kc- ■ fund of amount paid for making 00.-tiinie cunt, ,t2 155.,: nnd value of ii yards of iiiiili-riiil supplied at IS?. Gil. per yard, XV I'M. Od. The plaint It eontendrd that the ci'ut 'fitted perfectly, wlii.'st the defendant sulimiUwl that it was 100 tight across the bark, and uncomfovtahle u> wear.' His Worship decided to submit the coat, to another tailor fur his decision, and the case was adjourned till Tb'ura■;''jir. W; Cr. Mell'sh. appeared..for. .the plaintiff, and Mr. P. ■ W. Jackson for v'lii- defeiidaiif.'' " ' '","." JUDGMENT EY. DEFAULT. '~ Judgment for p'.aiutiff 'by default was gue; , . by Mr. \\'.' (/. Uiddell. H.M., in tho following ■ undefeiuled case?:—Arthur Leonard Hill v ; George Eni<st Hill, £W I<K.'costs £1 Cs». 6i1.: v. ',Y..T,. C'helkhani, JM Bs. KM., cost.OCs. -, A\ olliiipton Publishing Company, Ltd.; v. ,T 'Taucher,' ' £i, .costs 10-.; Kurcli'and Co/.v. J. Ross, il.lSs. fid., costs 10s. POLICE CASES. ' (Before"Mr; E." Page, S.M.) '. ~ j A remand till t'.us morning was granted I inthe case in ivliicii'Minnie Brown and .] Alwaiirtler Blue were jointy deemed, to be rogues and vagabonds in Unit they were, found by night without lawful excuse''on the enclosed premises of Gaiuhn and I-'-oh, ijeeils Street. " . . ■Koi- (ivunlrcnness I'atriek Coonev was fincd''-ilv and 'for :i br;ach. of his prohibition, order, he was fiiwd £\ in default seven 'lay-;' inirrisonnient. • One. first offender jo: , in.-obrie'y. .«'a> fined-IC:., and another, wus fined.jr. • .v SErAIiATION. GRANTED. Gladvs Caroline •" Irene Brook was granteil sciiuralion, guardianship, and maintenance omers against Walter i Cliarles "Brook, on the grountTof crueltv. | Tho defendant was ordered lo pay 31k ner week maintenance, and to pny io ss. nasi: m.iintcnaiici', aiid.C 2s. cohl-. I'r .1 \. Scott appeaved for (ho plaintiff, and Mr. W. G. Mellish for :he defendant. ■ BY-LAW CASES. "■ ' . A lenetliv list of prosecutions for breach»s uf city by-laws was dealt with by Mr. 13. Pnge, S.M. A olea of uot guilty was tendeiiH; , by Renrv Black, when charged with lailing to uav his tram fare. According to the prosecution;-the defendant boarded Hie tram at, the corner i:f Vivian Street and Kent. Terrace, and produced.a one-section concession ticket. Tin , ' guard took one clin. and it was eubsi-qnently <iiscovered that he continued to 'travel on tho tram after il. had left CouHcnay Place. 'Ihe defence was that the defendant when he tendered! his ticket'slid "To Lamblon Station." The guard punched the ticket, and uefc-ndant. replaced it in his pocket, thinkini! that two punches had been made. In dismissing the. case, the Mn» islrate said that there was an obligation on the wart of passengeM to see that thev had paid the proper fare. ■Albeit' Nixon',' who unwittii'.gly ovet(ravelled on a tr.im without paying the fare., was fiuoil Ifls. and costs 12s. "It was done unintentionally," ■ sru! (ici:r"e Jlenham, when charged Willi failin" to niiv his train fare, lie fintliei , staled that he had had (he ticket clipfcd far dm; section. Defendant was fined .-21 | nud (iiistj. William Stanley pleaded not. guilty Uii tlmree of evnditi/,' liis (ram fniv. Evi(loncu was givvn to the effect that the iKnieant travellttl on a tram without v;\\ his his rare, and when questioned by ihn conduclor he said that he had noi lifiinl him nslc"for. the fare. A fine of .C 2 and costs JOs." was imposed. William VrancU Blackwell pleadid not Kiiiltv 'to .a charee of driving his horse I ami exoress on the Wrong side of A\al-| iarn Ptircr. Mr-. Alice Kdilh Smithson I .unve evidence lo the effect that she. was | wailing fer a tram of the corner of ltol- j Inston an.l Wallace Slreetf, ami,.just;as she slenned on to the road Hie shaft of Hie vehicle driven by tbiv dp'fcndnnt l;no?«ed her to (lie ground. " The. tram sin- -.vns waiting for was jiwt leaving Iho levininu:'. and the o.pfi'iidant wiis driving in the opposite direction on his wrong kUU: 'Mvidi'iii-c was called' for the defence to show that it wiw necessary lo '

uso tho ricbt side of tho road, ns the left side was dangerous, and there was insufiicient room to pass trams. It was submitted that him Mrs. Sniitheon kept ii look-out the accident would have been avoided His Worship decided to reserve his decision till he viewed the locality. George Howard, taxi-proprietor, denied h charge of having driven a motor-car nasi a tntmcsir at an excessive speed. Evidence was called to show that the defendant nassecl h tram in Willis Street at n sored of fifteen miles an hour. 'J-lio defendant said that lie had no 'knowledge of (lie case, which wns alleged to have occurred in September lost. In nning licensed .K and costs 95., His Worshin directed that in future, cases defendants should he notifiwi of intention to prosecute at the earliest possible opportmiitv. On a cliarue of allowing stock lo wander on a public highway Samuel Howan was lined l.i«. and costs 7s. Jfariorie Adnnis, , who loft her motorcar unattended in Manners Street, was' fined £\ and costs Vs. Neville Pearson was fined J;1 niul costs 7s. for leiviiiß his motor-car' unlighted lit ni'.'ht in Cuba Street. A fine of .£2 ami costs 7s. was imposed on Jack Bell, who drove his motor lorry round a corner on the wrung side of thu road! David Dublin, will) left his motor-car unattended whilst lie went to obtain fresh petrol supplies was fined lQs. and costs For 'lrivinjf his nuitor-car on the south, firii side, of the Courtenay Place iram terminus. Hurry Lang, who gave as an pxcuse that he had to pick up n fare on the footnath there, was fined M and costs 7.3. "Tl'.ie negligence appears to have start, ed in a mibHehoiise," said Sergeant Lopdell, when prosecuting in the ease in which. Leo Mann was charged with negligently" driving a motor-ear in Cuba Sircet. Tho defendant pleaded guilty, admitting Unit he was drunk. His Worshin commented that such offences coulci not lie treated lightly. The defendant would \x fined <SlO and costs Ills. A iinn of ,tl and costs 7s. was imposed on Oswald Morling, who left, a motorcvele and side-car with no lights attached in Ghusinee Street. Vm aetiii!! in the capacity of a-hawker without, the necessary license, Archibald WVst vis lined ..'::i and costs. Horace Clinton W'ltun was fined .£3 and costs f;ir driving his motor-car along l.hn southern wide of' Courtenay Place triim slr.'Her. ' A [ilea of guilty was tendered by Frederick William Woodberry, wlion charged with oiiviim his carl across the intersection of Wiiiis nnd Manners -Streets at other than a walking pace. On a charge of failing to stop'when ordered to do so bv the traffic constable, defendant, was fined .tl on e&nh charge. When checked for misbehaviour on a tnxi-stnml Clauoo O'Leary used certain insulting language, which he admitted when charged with the ofi'enee. Defradnnl: was fined '.C 2 and costs. i!J 14«. Emilv Margaret Blick was fined ,£1 and costs for keeping an unrppistercdjdog. Kor like olfencos George Gastein was fined 30s. and cssts; George Howard was fined J;l nnd costs; Edward James M'Grath was ordered to pay court costs 75., an:! Kate Pearce, who kept two unregistered dogs, was fined ',5.?. in each charge. .... Itabsrt Hill, for havinst driven his vehicle on the southern side of the Conrteniiv Place tramshed, was fined £1 and CiCfitu 15s. 1 "This is a ea.se in which a taxi-driver-answered n telephone message which was , meant for another <iriver, and accepted the.engagement,", sail Mr. M'Ekowiiey, when Lars Rupert Hallfjrcn was charged villi br-mg in charge of a licensed hacknev vehicle and interfering with the work of another driver. Evidence vus given in support of the prcwut'iig counsel's slal?iii»nt, and tlio defendant was lined ,lil and costs .£1 ss; ". ' On a charge of allowing flock to wanner Kiehard John Car: , was fined M and costs. ■ . . ■ ■ • MOUNT COOK POLICE COURT. Sir. Herbert Smith, J.P., presided over a sitting of the Mount Cook Police Court' 'Viif-i i-lu'-'ii I-"ic-i'lot )< v-IM! i was fiiied 20s. for insobriety, am! Gilhorl: | Pollock lor a similar cfiVnce. v.-ffs iincd ; ..t2;