RESIDENT MAGISTRATE'S COURT. AHAURA.

Grey River Argus, Volume XII, Issue 1308, 8 October 1872, Page 2

RESIDENT MAGISTRATE'S COURT. AHAURA.

Satueday ; October 5. (Before C. Whitefoord, Esq., R.M., and F. Guinness, Esq., J.P.) Loftquistv. M'Laren.— This was an action to recover L 25 as damages for assault. The parties are neighbors, one a gardener and the other a butcher, at Napoleon Hill, and the alleged assault was committed there on' 29th September by the defendant striking the plaintiff's son with a stone. The boy said he was snaring birds which were collected on the roof of ah outhouse of the defendant's when the stove was thrown at him. It struck him on the ear, knocked him down, and hurt him severely. A stone wa3 produced with which it was alleged the injury was inflicted. The lad was asked what was the height of the roof of the stable on which '■ the birds were, and he said, "It was just as high as a man could throw a bullock's paunch." On being further asked how high that would be, he said he supposed "it was just the height of the stable roof." Dr Phillips said he examined the injury done to the boy's ear, and he described it as of a very slight nature, although wounds inflicted in the locality of the ear were generally dangerous. The defence was that the affair was accidental. The defendant said he was throwing a pebble at a vagrant fowl when the missile struck the stable door, and "cannoned" on theboy'a ear. The defendant also produced a stone, and said it was the one that inflicted the injury. The Bench, after commenting on the frivolous nature of the injury sustained by the lad, and the disproportionately excessive damages claimed by the father, gave a verdict for the plaintiff for one shilling. : . Mr . Staite for the plaintiff. James O'Malley v; Thos. Hamilton.— Claim of L 75 for board, freight, and, material snpplied to the defendant, a blacksmith. The defendant filed a set-off for ,L 32, which was admitted after explanation. The defendant did not dispute the general accuracy of the plaintiff's claim; but he said he wanted bills of particulars for certain iteni3 charged, of goods obtained from Forsyth and Masters, and for freight, &c. After going through, the accounts between the parties, and deducting items for liquor supplied to the defendant and charged in the account of the ,plaintiff, the Bench gave a verdict for the plaintiff for L4O 5s 2d, with costs and expenses. Mr Staite for the plaintiff. Marr and Lock y. Thurogood. — A claim of LlO, the value of' a quantity of chaff which had not' been delivered as per alleged agreement. The plaintiffs' further claimed L 5, for breach of contract. The plaintiffs' Bold a horse to defendant in December, 1871, for LI 2, the value to be taken out in horsefeed.'. The quantity at the 'market price at the time of the barter would be one-and-haif tons, at L 8 per ton. A quantity of 19cwt had been der livered to the plaintiffs, and the defendant thought, ps theprice rose to Ll6 per ton, he had delivered chaff to the full value of ;the horse. .,) The other side contended that if this were the view to be taken of the bargain, they ought to be credited with the value of the horse now, which they assessed at L3O, but. the defendant demurred on the ground that the increased value of the animal was owing to the good ♦r<ktment_and__feeding it Jhacl^ received since he purchasedit. The case turned on the question as to whether the properly on each side was vested in the parties at the. time of .the contract, as, if so, the plaintiff claimed the quantity agreed upon irrespective of any rise or fall in the price. The Bench took this view, a,nd gave a verdict for the plaintiff for L 8 163, being the value of the balance of 11 cwt of chaff at the present market price, with costs. Mr Staite for the plaintiff. ; : The Bailiff v. Antonio Pernn-r-Be Erskine v. Robertson.- An interpleader summons to determine the ownership of a horse seized by the bailiff of Resident Magistrate's Court, to satisfy a verdict 6f L 24 obtained at a previous . sitting: by . Erskine against Robertson. The claimant proved that he hired the horse to Robertson for 12s per week. This evidence was corroborated, and the. bailiff was directed to release*the horse with costs. . j • The Court was adjourned to : the 10th October. " ■ ; .