SUPREME COURT.

Hokitika Guardian, 19 June 1923, Page 3

SUPREME COURT.

.SETTING AT HOKITIKA. MONDAY. JUNE. 18th. (Before Ills Holler Alt' Ju.-ticc Ad.inis.) AFTERNOON SITTING. 'The Court adjourned at 12. l-> p.m. and resumed at 2 p.m. AN APPEAL. Frederick t hin levs .Marshall v. Jane Baird, an appeal hy the former against the decision of Air Aleldrum S.M.. who gave judgment for dclendant ill a claim for damages arising out ol the death of a hull; the appeal being on law and fact. Mr Park, with him Air .Murdoch appealed for tlie appellant ami Air I’atteisou for the respondent. Air .Murdoch •oiniuucd to rov"".v the idem.' given in the lower (-mil. He claimed that the facts were distinctly it, iavaill of his i la-lli. while he held that Ihe points of law as proviim-h referred to had b: on iu.te. urateiy ' ice ■"> by i ho Magistrate. Mr Pailor-nii rcniying on behalf ol the resfottdetii Haimed that the main point of law hi > a- to the meaning nt Section 5 and following sections of the Impounding Am. v. hi- h To Ic’ld took aw n v all right to impound of to site !m ... (~,- jicspa-s mi fenced land. Alter cniisidera'd • discussion wile lull,mnr the latter ink'd against the < mite,,Hon of counsel. His Honor hold that in Section 5 the right of commonlaw wa- specifically taken away, but in Section 7 ilns was not done. Mr Patterson then reviewed the ovidci,,. given bidding there was nothing to show that the respondent s bull bad eau -cd ihe damage. Mr Park then addres-ed the ( our „„ the evirleure. referring to some of ,|„. details raised by counsel inr respondent, and closed the argument Hi- | I 'lior said that counsel bad rai-ed some verv interesting questmus of law which had been fully argued and had rai-ed interesting pmnts on the quest ion of fact. U» ' v " uia ' vnU ' lii- finding later. ... The Court then adjourned at ■).)■' p.m. t