RESIDENT MAGISTRATE’S COURT.

Evening Star, Volume VIII, Issue 2508, 1 March 1871, Page 2

RESIDENT MAGISTRATE’S COURT.

Yesterday.

(Before A. C. Strode, Esq., R.M.)

Civil Case".

Full v. Cummins—L3o 7s 4d, the balance due on a dishonored acceptance. Adjourned until Frida)’. Fish v. Crawford—L7 10s 6d. The plaintiff explamcd that defendant had paid the amount since the service of the summons, and asked for costs. Judgment for costs was given. P.’ O’Brien v. Maxham—A c l aim for L 3 10s for cash lent mid board. Judgment.by default for the plaintiff.

Darby Broughaii v. J. Williams.—L6 2s 6d, wages for breaking stones. Mr Harris for the defendant. This was a claim for stones broken by a man named Norton, the amount of which had been bought by the plaintiff for L2 The defendant pleaded not indebted. A witness was called, who said that the plaintiff purchased the heap at the recommendation of Mr Mackenzie, manager for Mr Williams, as the work done by Norton was not passed by the Government lload Inspector. For the defence it was stated that Mr Pritchard had purchased the stones previously, and that an offer had b >en made to pay the difference, between L 3 8s and L 5 3s 4d, on production of Norton’s receipt. Gun behalf of the defendant Mr Harris asked that LI 15s 41 should be place I in the hands of the Clerk of the Court, to be paid to Norton or the plaintiff pro dicing a document showing his right to it. This was agreed to Judgment for the defendant. Cochran v. Cooper.—LlG for damage done to plaintiffs horse through the reckless driving of the defendant. Mr Cafomnre for the plaintiff, Mr Harris for the defendant. The son of the plaintiff said that while returning from the Taieri to Caverslnm on the evening of the 2Sth January, he met the defendant driving a gig near Green Island. The witness was on the near side of the road and oould not get further from the centre without going on the bank. There was room for a waggon to pass on the proper side, but instead of passing defendant ran his shaft into the horse and wounded him. On the collisi ni taking place defendant’s horse backed on to his proper side. The defendant seemed “stupid-like ”as if lie was intoxicated. He never spoke to him but looked in his face and went on. In consequence of the blow the horse was laid up for three weeks. The plaintiff staged the horse was useless for eighteen days, and he had to employ a veterinary surgeon. He estimated the loss of the horses services at 15s a day. W. Anderson, farrier, said he was called to treat the horse for the wound which was about six inches from the shoulder. He expected two sovereigns for expcnces of attendance. A witness named Barnes said that on seeing the defendant going home on the evening of the accident, he said, “There goes the old gentleman on the old tack, ” by which he meant “ drunk.” He was unfit to have charge of a horse. The defendant denied being on his wrong side ; and said there was room for a vehicle to pass without coTisiqn. Ho did not see the plaintiff pass before the accident. After the accident, he said, “My man, you had better mind what you are about, and keep your own side of the road.” Ellen Cooper was in the gig with defendant on the occasion referred to. He was sober. He stopped at Green Island during the journey. She heard Mr Cooper warn the boy. His Worship considered the evidence in favor of the defendant. Judgment ft r the defendant.