District Court.

Manawatu Standard, Volume XL, Issue 7319, 12 June 1902, Page 3

District Court.

PALMEESTON-THURSDAY. (Before District Judgo Kottlo.) CIVIL CASES. M. A. Hawkins {Mr Cooper, and with liim Mr Moore) v. Lite Royal Insurance Company (Mr Loughnans), claim .170, amount of insurance monies stated to be due. The following jury was empanelled :— J. Bunuiaghame (foreman), H. .I)cards, J. Fiannagau aud J. S. Fisher. The statement of claim set out. that on September 2'Jtli, ISO.), plaintiff insured the contents of a house in Alain-street in which she was dwelling for £70. On September 22ud, 1900, the- house and its contents were destroyed by fire. Since then the plaintiff has applied to the company for payment of the insurance monies, but they had refused. In January, FJO2, the matter was referred to arbitration, aud an award was made iv favour of the plaintiff' for the amount claimed, and for which judgment was asked.

_ The statement of d<-f.ncc admitted the lirst and second allegations in the statement of claim, but denied that the policy was in force at the time ot the (ire. Tlie arbitration proceedings were admitted, but the defendant alleged that the arbitration was in pursuance of condition 12 of the policy and not of condition 11. The defendants also alleged they were not bound by the award of the arbitration and further alleged that tho plaintiff in the policy ol insurance had fraudulently represented that she had never had any property on lire and thereby induced the company to enter into the contract expressed in the policy. The representation was false and the dofen dant company becaino entitled to and did void the policy. The case was adjourned till to morrow. R. D. Cox (Mr Cooper, v. Geo. R. Corn.ord (Mr Ihnes), claim __200 damages for alleged assault. Tho following jury ,v_ s empannellcd: —A. Keith (foreman), T. Berkenshaw, AA\ Simmonds, A. llopwood. Tho statement of claim a'lcged that on March 6th, 1902, defendant assaulted plaintiff by pulling him with violence from tho verandah of defendant's house, and knocking him down on an asphalt path. The plaintiff had his right leg broken in two places, and was also severely bruised. After the assault defendant left the plaintiff, although injured, on the path in the raiu and wet, plaintiff suffering lurther injury. Since the accident he had been conlined in the Hospital and had not been able to work. Tho statement of defence denied that defendant had assaulted plaintiff but if he did pleaded justification on tho ground-; that the latter was trespassing and had tried to force his way in a violent manlier into tho defendant's house against the wish of the defendant, who in removing liim, had no: used more forco than necessary. Mr Cooper, having opened the case called tho plaintiff, who detained the facts of the caso as anpearing in" tho statement of claim. AVitness was cross-examined at lohtgh by Mr Linos, his answers substantially corroborating tbo main facts of his evidence in chief. lie denied that ho had attempted to forco his way into the house or that defendant had spoken to him before he throw him off the verandah. Constable Wood gave evidence as to defendant coming to him while on night duty in the Square. He told witiiess there was a man illegally ou his premises and that he thought his leg was broken. A cab was procured, and"..ftor temporary relief had been afforded Cox, he was taken to the Hospital. The night was showery. Plaintiff stated defendant had broken his let.'. Corroborative evidoneo was given by Mrs Cornford. Giving evidence on his own behalf defendant stated that between 2 am' and 2,30 he was awakened by Mrs Grain' a resident of the house, and" as a result of what she told witness he opened tho door on to the verandah.' Plaintiff, as soon as the door was opened, forced his way into the house. AA ritness pushed him back, and he fell on the asphalt footpath. \V iluess started to carry him to the road, but stopped when plaintiff said his leg was broken. AVitness though ho was drunk. Did not shift plaintiff after he put him down because he was in pain. Replying to His Honor, defendant, recalled, denied that he had dragged plaintiff oil the veranhad as alleged by the latter. The evidence of Mrs Craig, taken in W elhngtou, was handed in to the Court, and the case closed. 135^1 Counsil having uddieased the Cou__, ilia Honor summed up strongly in favor of the dofondant for whom judgment was given with costs,