Damages for Assault.

Manawatu Herald, 9 July 1892, Page 2

Damages for Assault.

«. . —^ At the Magistrates' Court on Thursday the long deferred case in which Arthur Gladman Smith, house agent, claims from Samuel Powell, horse-trainer and starter to several racing clubs, the sum of £100 for an assault alleged to have been committed on the 17th of May last, came on for hearing. Mr Coates appeared for the plaintiff and Mr Skerrett to defend.

The circumstances alleged by the plaintiff were briefly than an office boy in his employ on the evening of the day in question was impudent to the defendant, and, with a view to evade chastisement, ran into his employer's office. Smith took ths boy's part, and a melee ensued, in which the plaintiff met with in juries. Defendant caught plaintiff by the throat, and knocked the back of his head against the concrete side of the office door-way. Dr M'Carthy, who attended him, rendered an account for £8 12s for medical assistance, whilst, Dr Chappie's bill came to £18 10a. In addition, he had paid £1 for nursing, and he would have to pay £8 a weak to a man for looking after his business. Besides these -expenses, his business had suffered, owing to compulsory absence.

The defence was that only a technical assault was committed.

His Worship held that a cruel and brutal assault has been committed, and gave judgement for plaintiff for £70 and £9 7s costs. Mr Skerrett gave notice of appeal, and as an alternative asked for time in which to pay.

His Worship made an order for the payment of £25 within three days and the balance within a month.- Post.