MAGISTRATES' COURT.

Nelson Evening Mail, Volume XIII, Issue 2, 13 November 1878, Page 2

MAGISTRATES' COURT.

[Before 0. Curtis and J. Scxanders, Esqs., J.J.P.] John Scott, Vere Bogle, and Benjamin Short were charged with allowing cattle to be at large in the street, and fined in the usual amount. Thomas Thomas was charged with driving a vehicle on the footway in VaDguard-3treet. Fined 10s and costs 11s 6d.

Packer v. Brown .—Action to recover £3 19s 6d for alterations to an artificial arm, including new socket and gloves to fit. Ml* Bunny appeared for the plaintiff and Mr Fell for the defendant—Plaintiff said that he was instructed by the Freemasons to make an artificial arm for the defendant, which he did, and was paid for it by the Lodge, but after it was handed over to him he required numerous alterations, which occupied a considerable time in making. Plaintiff found great difficulty in making the hand to defendant's liking. He wanted it to turn from side to side, and over ou its back, then he wanted it made so that he could play the piano, which necessitated cutting the thumb off, another alteration rendered it necessary to cut it off at the wrist, then the joints had to be re-set, and finally it would have had to be cut at the arm to make it suit. Defendant said he would pay for the alterations. The charges were perfectly reasonable.

Cross-examined: Defendant said he w oul not be particular about the price so long as the arm was made to suit him. Ido not allow that the arm and socket as first made was a failure.

Edward Pearcy, a lad in Mr Packer's employ, heard defendant tell plaintiff that the arm suited him very well. This closed the case for the plaintiff. Mr Fell for the defence called

Douglas Brown, who said: I am in the Survey Department. Having lost my arm some few months ago, the Masoti3 intimated to me that they had iustructed Mr Packer to make an artificial hand and arm for me. On receiving it I found the system of attachment a complete failure I went to him some time after to try and get such alteration made as would render it really useful, I was under the impression that what the Lodge had paid would cover the whole thing. I never said I would pay anything he asked. I remarked in a general way that a man would pay anything to have an arm that would be of use.

By the Bench: I never wore the arm at all except on one or two days to experiment with it, when I found it utterly useless. Counsel having addressed the Bench, judgment was given for plaintiff for the amount claimed and costs £1 10s.