RESIDENT MAGISTRATE’S COURT.

Kumara Times, Issue 2097, 21 May 1883, Page 2

RESIDENT MAGISTRATE’S COURT.

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Friday, May 18. [Before J. Giles, - Esq., R.M.] PLACING WOOD ON ROAD. Police v. Malacbi Taylor.—Sergeant Albert Russell laid information under section 100, sub-section 2, of the “Public Works Act, 1882,” against Malacbi Taylor for wilfully leaving on the road at the bottom of Sandy’s Hill, near Kuraara, four logs of wood, and other pieces of firewood, so as to obstruct the said road, and to endanger persons using the same. —It was proved that the wood so placed on the road had caused the horses attached to Cameron’s mail coach so to swerve as to endanger the safety of the coach and consequently the lives of the passengers thereupon.— Defendant pleaded guilty.—The Sergeant stated that as defendant had admitted the offence, he did not wish, as he believed this was the first case of the kind which had been brought before the Court, to press for heavy penalty. No accident had occurred; bnt as the horses alluded to became restive and swerved, the consequences might have been serious.—The Magistrate remarked that he should inflict a heavy penalty in such cases in future. Repeated warnings had been given by the County Council, and in the Press. Being the first case of the kind here, he would impose only a nominal fine of 10s, and costs 9s. GOAT NUISANCE. George Stewart, v. Malacbi Taylor.— Claim for damages by goats to plaintiffs’ garden, £1 9s. Defendant said he had no goats ; he did not know that they were his goats, more than that they stop at his house. His Worship, to complainant: What do you mean that they stop at his house. Complainant: He milks them. They have destroyed cabbages to’ the value of £1 9s. Wra. Fred. Thomson was called, and said: On the 16th April, plaintiff asked him to see what damage was done by defendant’s goats. He counted 163 cabbages damaged—nibbled and destroyed for sale. He should say they were worth “ three for a bob.” Defendant said he had no goat; he might be the owner of only one goat. The goats did not come to his house to be milked ; they were not his goats. His Worship: Plantiff not having proved ownership of goats, judgment would be for defendant. ALLEGED CATTLE TRESPASS. Curtain v. Fitzsimmons.—The plaintiff claimed £3, as amount of damage caused by defendants cow to plaintiff’s

fence, and oat and clover crop at Westbrook, viz. 20 bags of oats and clover, at 2s a bag, £2 ; and damages to fence £l. Mr Perkins appeared for plaintiff, describing the nature of the damage done, and proving same by plaintiff’s evidence. Defendant called Henry Smith and Patrick M'Dermott, who stated that they valued the dapiage to crops at 5s ; there was no damage to fence. Counsel for complainant pointed out that when witnesses for defendant weie called to see damages, several days had elapsed and plaintiff could and probably had then repaired the fence, and gathered in more oats. His Worship gave damages at £2, and costs. He might mention that in such cases plaintiff had a right to claim damages for worry and annoyance caused iu driving cattle out of fenced ground. CIVIL CASE. Hannah v. Knopp.—Claim £1 9.°, balance of an old account.—Judgment for plaintiff, with Court costs 7s.