RESIDENT MAGISTRATE'S COURT

Daily Telegraph (Napier), Issue 3090, 23 May 1881, Page 3

RESIDENT MAGISTRATE'S COURT

MONDAY. MAY 23

(Before H. Eyre Kenny, Esq. R.M.) DBUNKENNESS. George Ellis, charged with this offeuce, was fined 5s and costs, or 48 hours imprisonment with hard labor. CIVIL CASES. George v. Powell.—The evidence required from Christchurch in this case not being forthcoming, the case was adjourned for fourteen days. Robjohns, Irvine and Co. v. T. Lambert.—Claim £8 18s 7d. Judgment for plaintiffs with costs. The same v. W. Gilligan.—His Wor - ship said that, owing to the miserable state of the colony, retrenchments were being made in every direction, and constables had been appointed to act as bailiffs. In this case the affidavit of service had been returned without being signed, and the consequence was that the case would have to be adjourned until the affidavit was duly signed. The case would be adjourned for fourteen days. Smith v. J. Price.—ln this case the amount less costs had been paid. Judgment for plaintiff for costs. — -&rr9Vrr6S—?r- Prarrir. £6 10s 6d. Judgment for amount with costs.

The same v. W. H. Jones, veterinary surgeon.—Claim £1 19s. Judgment for plaintiff with costs.

In the case Scarfe v. the committee of the Napier Club, Mr Carlile appeared for the plaintiff, and Mr Lee for the defendants. By agreement the case was postponed until Monday next.

Grant v. Simpson.—Claim £10 10s for damage done to a coach. Mr Lee appeared for plaintiff, and Mr Lascefles for defendant. Mr Lascelles, for the defendant, denied the negligence, denied the damages, and pleaded contributory negligence on the part of the plaintiff. Mr W. H. SimpsoD, examined by Mr Lee, said he was the owner of coaches running between Havelock and Napier. Arthur Anderson was in his employ, and was driving the coach on the 14th of April. By Mr Lascelles: He had come in by and driven his own coach occasionally. He had occasion to complain of Mr Grant's people blocking up the road, and driving in front of him. They would often get on his wrong side so that he could scarcely pass. He had complained to the police in 1879. He had noticed this same conduct within the last nine months, but not so bad as it used to be. The man Anderson, who was driving his coach, was a careful and skilful driver. By Mr Lee: The plaintiff's coach once blocked him in front of Reynolds' Hotel, and again between the bridges. He knew Keith, Grant's driver, and had repeatedly seen him drive across the road in front of his (witness's) coach. He could not fix any particular date on which he had done this. He never tried to block Grant's coach or to race it. James Keith, examined by Mr Lee, said he had been in the employ of Mr Grant over two years as a driver. Began to drive on the Napier and Havelock road in January last. He knew Simpson's coach and driver. On the 14th of April he was driving Grant's coach. He had a number of passeugers. Was going out of Napier about 4 o'clock. Before he got to Mr Rudman's house he was driving near the middle of the road a little to the near side. The first thing he saw of Simpson's horses was when they were passing his coach on the left hand side. Before he had time to do anything the horses crossed his and the swingle-bar struck his horse on the leg, and the wheel of the coach caught the horse on the ribs. His horse made a bound and went over the other side of the road, and tho coach turned over. Several passengers were bruised and scratched. The coach wa9 broken at the top, knocked out of shape, the curtain torn, and the seats inside knocked off the hinges. He believed Simpson's coach could have passed him on either side; it certainly could have passed on the side on which he went. He had no signal from Simpson's driver that he wished to pass. Warren was sitting on the box with him. (Left Sitting.)