RESIDENT MAGISTRATE'S COURT.

Evening Star, Issue 3182, 2 May 1873, Page 2

RESIDENT MAGISTRATE'S COURT.

This' Day. (Before A .'JO. Strode,-Esq., E.M.)

In the following cases judgment went by default for plaintiffs, together with costs Nolan v. Blakely, L2l Is Gd, for balance of wages due ; Pritchard v. Gregory, L 8 14s 6d, for work and material supplied ; Black and Thomson v. Sinnamou, L 73 2s 2d for goods supplied. A. R. Mackay v. Job Wain. —LSO damages sustained by defendant’s coach coming into contact with the plaintiff’s carriage on the Main South road and breaking it. Mi Stout for the plaintiff; Mr Chapman (of Macassey, Chapman, and Holmes) for the defendant. The following evidence was given Job Wain, trustee in Chaplin’s estate, tnd director of the coaches, said M‘lntosh, #ho drove the Tukomairiro coach on March 29th was among their best drivers.—Hector Jackay, brother of the plaintiff, detailed the circumstances of the collision, which occurred about 200 yards on the Tokomairiro Me of Adam’s aooomowtatiw He

■ras travelling in a buggyat a alow pace, ind thfe-coach came npon Him at a smart trot. The coach’s axle struck the right off front wheel. The buggy was ou the nght side of the road, about two feet trom the bank, and there was plenty of room for the coach to pass. The axis of the trap and one of the shafts were broken, and the horse injured.—Jas. Mackay and George Adams corroborated Angus Mackay’s evidence. The principal witness for the defence was M‘lntosh, the driver of the coach, who said that on first observing plaintiff’s trap, he saw they would meet opposite a heap of metal that lay on the road, and therefore in order to avoid the collision he drove in towards the metal, and continued along that line. When approaching the trap he saw it was rather further on to his side than it ought to be. Plaintiff’s trap suddenly swerved off to the side near tbs bank, and one of his leading split bars caught plaintiff s off-bind wheel, grazing it, wHch threw the express ft little to Ills neftr side. Artor that touch witness looked at the express and saw he was fully a foot clear of it, that being the only collision that took place ; he took what he considered the proper precautions in clearing the express. He haul seen both the horse and express since the accident, and if they were in good condition, along with the harness, they would be worth L 35. He saw the hone on April 10th, but could not say that it was lame. LIO would be a fair price for it. Judgment for the plaintiff, Lls, together with costs.