RESIDENT MAGISTRATE'S COURT.

Evening Star, Issue 4312, 21 December 1876, Page 2

RESIDENT MAGISTRATE'S COURT.

Thursday, December 21. (Before J. Bathgate, Esq., R.M.) Judgment went for plaintiffs by default in the following cases :—Oliver and Ulph v. Malcolm M'lntyre, claim Ll2 14s lid, balance of account due fer goods supplied ; Butterworth Brothers v. John Jordan, LlB 123 Bd, on a dishonoied cheque ; Oliver and •Ulph v. Thomas Holland, L 9 5s 3d, for goods; Fleming v. Thomas Holland, L 6 9s Bd, for goods; Sinclair and Morton v. James Marshall, LlO 7s, tor repairs done; Smith v. Boulton (Queenstown), L2 4s, balance due on clothes supplied. Thomas v. Patterson.— ClaimL36, balance due on an account for monumental work, la this case, previously heard, his Worship nonsuited plaintiff as to the main amount, but gave him judgment for L 4 6s. A. J. Talbot v. Alex. Wilson.—Claim LSO, damages for injuries sustained by plaintiff through being gored by a bullock the property of defendant. In this case his Wor sbip delivered judgment as follows :—" In the whole circumstances the plaintiff must be nonsuited. The facts are indisputable that plaintiff was knocked down, gored, and injured by defendant's bullock on the highway ; but the defendant had no knowledge of the mischievous propensity of the animal. I am of opinion that there was no negligence or breach of duty on the part of the defendant proved. There being no proof of scienter, and no negligence, the defendant is not in law liable for the injury committed by the animal (Cox v. Burbidge, 32 L.J., C.P. 89). At the same time, I throw out the opinion that any slaughterman or other person driving bullocks along the highway in the neighborhood of the City is bouad to use all proper precaution for the safety of the public, and that any failure on his part to do so would render him liable for injurious consequences." Beck Brothers v. John Main.—Claim L2 Bs, for rent. Judgment was given for plaintiff for the amount claimed, with costs. M'Lawm v. Miller.—His Worship delivered judgment in this case, deciding that defendant is entitled to costs. [Left sitting.]