RESIDENT MAGISTRATE'S COURT

Mount Ida Chronicle, Volume VI, Issue 316, 19 March 1875, Page 2

RESIDENT MAGISTRATE'S COURT

March 12.. (Before B. H. Leary and L. W. Busch, Bsqs.. j.P.'s) Patrick Kearney v. W. . Raines.—For malicious wounding. Remanded to the 13 ih. March 13. . ' (Before L. W. Bnsch, Esq., J.P.) Patrick Kearney v. .William Baines.— In-this case it appeared that a stone had been discharged from a. gun - by the acsused at a boy in plaintiff s/employ when lie was sent out after the cows. As it did not appear that the intention, was very serious, the accused was caiitiducd and discharged.

. March 15.

''Before H. W. Robinson, Esq.," R:M.,'-and L.

W. Buscli, JEsq., J.P.)

' Aimes v., Creighton Brothers. —; Tliis was an action to recover the sum of £35 10., for damages alleged to have been done to the crops, and farms of. plaintiff situate at the Hogburn Greek at its junction with the Main Puustan Road. It was proved by the plaintiff, his wife, and son that no animals other than the cattle* had been seen by them within his paddock between the dates upon which the damage; was alleged to have been done by defendant's working bullocks, while Messrs. 1 Oliver and Duncan? distinctly swore that the fence—at least the outer fence—was in a good state of repair, and that the crop was an average one, and would, if allowed to come to maturity, have yielded' about two ton to the acre. The area of the paddock was three acres. For the defence it was given in evidence that antecedently to the first day upon which the: damage was alleged'to havo been done the defendant bad seen the plaintiff's own horse in the paddock in question, as also the droppings and tracks of horses, and' that lie had also afterwards seen as many as 2000 sheep in the paddock on one of those days for which damage wis claimed.: James Hooper proved that he had seen; sheep on one occasion during the periodthe damages were alleged to have been done. During the hearing of the case it came out that defendant had offered to pay to the plaintiff £8 in satisfaction of all damage done, which had been refused. The Chairman of the Court held that there existed ample proof of damage having been done bv defendants' cattle; but, as it was also in evidence that a horse and some sheep had been seen-within tlie paddock,' it' would be unfair to saddle defendants with the whole amount of damage claimed. It was at all times difficult in such cases to estimate che exact amount of damage sustained. The Court thought the case would be met .sufficiently by the payment ol £ls by defendants to plaintiff, for which judgment would be given, together with costs of Court, £2 Bs., wit-; nesses' expenses, £3 18s.; professional fee, £2 2s.— making in all £23 6s. Mr. Rowlatt for plaintiff," Mr. Hertslet for defendants.

(Before H. W. Robinson, Esq., R.M.)

Robert Aitken v. John Lewis. —Claim £l4 6s>. 3d. Goods sold and delivered No appearance of defendant. Judgment for amount claimed, and costs 20s. George Col lett and Thomas Pinder applied to keep their licensed houses open ?n the night of the 17lh. Granted. ——❖ —— March 18. (Before L. W. Buach, Esq., J.P.) Q.ueen v. Caroline Barns. —Brought up. on bail charged with larceny. Remanded until the 22nd.