RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 2991, 19 September 1872, Page 4

RESIDENT MAGISTRATE’S COURT.

Yesterday. (Before A. C. Strode, Esq., R.M.) Civil Cases. Jas, Cotton v. Thos. M'Kay.—Ll2, services rendered as jockey. Judgment by default for plaintiff, with costs. Thos. Cotton v. Thos. M'Kay.—L6, services rendered as jockey. Judgment by default for plaintiff, with costs. Fraser v. Flannigan.—ln this case, decided on Monday last, Mr Shapter, on behalf of defendant, applied for a re-hearing. The application was granted, and the re-hearing appointed to take place on Wednesday nest. M'Coll v. Duncan,—ln this case, Mr Stewart, on behalf of defendant, applied for a re-hearing, on the following grounds—That the title of the land was in dispute ; and that the judgment was against the weight of evidence.

Stohr v, Wilson.—Ll2 10s, the value of and surgical attendance on a mare that died through alleged negligence of the defendant. Mr Edward Cook for the plaintiff; Mr Haggitt for the defendant. The evidence of the plaintiff was to the effect that on the 31st August his son was going out with meat on horseback, and hearing him call out, and looking out, he saw the boy on the ground, with a basket of meat beside him. ft appeared that a lad driving defendant’s cart had caused the shaft to strike the mare, which bolted; Oh examining the cart, the near shaft was bloody for about six inches from its point. On recovering the mate, she was found to be injured inside the hip, and the flesh hanging down. A veterinary surgeon was sent for, who said she was incurable, and she died the following Friday. David J. Stohr, who was riding the horse at the time of the accident, described the circumstances concerning the accident. Other evidence was given, showing the relative position of the baker’s cart and the mare that was killed, prior to and at the moment of the accident, and also to the value of the mare. For the defence, it was pleaded that the accident was unavoidable, and that there was therefore no case to answer. His Worship thought there was a slight case to answer, Alexander Wilson, who was driving the cart at the time of the accident, said that the rider of the horse pulled the animal across his course about ten feet before they met, which rendered it impossible to avoid the collision. William Miller, bricklayer, who saw the collision, said that Wilson was nearly at a standstill when it took place. In his opinion no blame was attributable to the driver of the cart, who did his best to avoid the accident. Judgment for the defendant. Thompson v. Lear.—LlO, for alleged detention of articles. Mr Edward Cook for the plaintiff; Mr Stout for the defendant. For the defence it was stated that, with the exception of one or two, the goods were partnership property. Judgment for defendant.

Pearce v. Alexander.—L4 4s lOd, for rent of house and damage to a garden in Castle street. 12s was paid into Court, and judgment given for that amount.