MAGISTERIAL.

Globe, Volume XXIV, Issue 2432, 21 January 1882, Page 3

MAGISTERIAL.

CHRISTCHURCH. Feiday, Jakuaby 20. (Before R. Beetham, Esq., 8.M.) Civil Cases.—Fisher v Yale, claim £IOO. Mr Spaceman appeared for plaintiff, Mr Thomas for defendant. The case had been partly heard on Wednesday last. Plaintiff deposed that on the evening of December 16th last he got off a tramoar in Colombo street near the railway gates, and while making hia way to the footpath he was knocked down by a cart driven by defendant. The shaft of the cart broke two of bis ribs, and one of the wheels passed over his body, severely injuring his hip. He had been laid up in consequence, and was not yet able to do hia regular work. He was by trade a coach maker, and had been earning £3 12s per week; ho had lost four weeks’ work and wages, had had to pay a doctor’s bill of £3 10a, and remained, as to health, in a shattered condition. Evidence was given which showed that at the time of the accident defendant was on his wrong side of the road ; that his horse was trotting, and that he attempted to drive away when told about the occurrence, a policeman finally pulling up the cart. Defendant, on his side, stated that on the night in question, which was anniversary night, he had followed the firemen's torchlight procession down Colombo street in bis cart, not for pleasure, but on business. He was a wheelwright, living in Sydenham, and was going home. After he got clear of the procession—which consisted partly of tramoars, and was accompanied by a great crowd—he was proceeding leisurely over the railway crossing, on his right side, when he saw a knot of people immediately before him. He pulled over to the other side to avoid them. The pace of the horse was not more than five miles an hour. Just opposite the Kingston Hotel, somebody ran forward and endeavored to seize the reins at the horse’s head. Defendant, however, thinking it was only the freak of a drunken man, got clear, and was not aware of the accident until stopped by Constable Brooks, Defendant had driven most carefully all the time, and would not have quitted hie proper side of the road if he had not been compelled to do so. One witness was called, who said he had seen plaintiff three weeks ago. He then was walking about, and seemed all right. Counsel addressed the Court and hie Worship said he thought plaintiff had not contributed at all, by negligence, to the accident. Defendant was wholly to blame, and had behaved badly in trying to get away after it had happened. He gave judgment for plaintiff for £lB 18s, being for a month’s wages lost, and for the doctor’s bill, with costs of Court, expenses of three witnesses £1 18s, and the usual solicitor’s fee.

Bb Hales v Edwaeds.—Mr Thomas made an application herein for costs to the amount of £5, incurred by defendant initiating an appeal against judgment given in this Court by the late Mr Melliah, but which was afterwards dropped. Mr Spaokman opposed; he recapitulated the circumstances of the case, which have been reported more than once. He said that an application had lately been made to the Supreme Court with the view of obtaining a rehearing before the Resident Magistrate, and pending the rehearing he asked that these costs should bo left in abeyance. His Worship, after hearing argument, said the matter of these costs had nothing whatever to do with the merits of the case for which they were incurred. Defendant by the appeal had caused them, and by his neglect they had been made useless. He should grant the application, and leave it to Mr Spackman to mention the matter in the higher Court if he thought fit. Order made for defendant to pay coats £5 as prayed. Satueday, Januaey2l. Detjnkbnkkbb.—David Watson pleaded guilty to having been drunk, and to having smashed a pane of glass the property of C. White. He was fined 10a and ordered to pay the amount of damage done. Assault —John Hall was brought up on warrant from Rangiora, charged with having committed a violent assault. On the application of the police he was remanded to appear at Rangiora on January 24th. Lukacy from Dbikk. —George Heaves, who had been sent to Addington gaol for medical treatment, was now brought up an discharged, being ordered to pay for bis maintenance while in gaol.