PEA RIFLE NUISANCE.

Gisborne Times, Volume XIX, Issue 1694, 10 March 1906, Page 2

PEA RIFLE NUISANCE.

£SOO CLAIM UPHELD

(Per Press Association.) „ • Auckland, last night.' Judgment was given in the Te Puke pea rifle shooting oase, in which Mr Reed, for defendant, moved that claimant be non-'suited, while Mr Earl moved that judgment be given for plaintiff. The claim was one in which a Native named Kawana Karaka sued Timothy Kenealy for £SOO damages through injury caused by a pta rifla fired by defendant’s son. ' His Honor said that in the statement of claim the cause of action Blleged was that on 18th July, 1903, at Te Puke, plaintiff, while playing or about to play at footba’l, was struck by a bullet from a pea rifle discharged by Donald Konealy, son of defendant, whereby plaintiff was dangerously wounded ; that defendant had been warned by certain of his neighbors of the danger in permitting bis son to have oontrol of the pea rifle, and that defendant ■ was aware that the bullet fired from the weapon by his son had passed through the window of a shop to the danger of the in* mates ; and further that defendant’s son at the time of Bbooting was using the pea rifle with the knowledge and sanction of defendant, and by reason of defendant’s negligerioe. The defenoe was a denial of the material allegations in the statement of claim.

A verdiot wbs relumed by the jury for £SOO damages. After reviewiog- the evideDoe very ex* haustively, His Honor upheld the full claim for with costa according to scale.