RESIDENT MAGISTRATE'S COURT.

New Zealand Times, Volume XXXIII, Issue 5497, 8 November 1878, Page 5

RESIDENT MAGISTRATE'S COURT.

Thursday, November 7. DRUNKENNESS. An elderly woman, who was given into custody by the Hospital authorities on this charge, was remanded until Saturday next. ATTEMPTED SUICIDE. The case against Kate Dawes, who attempted suicide on the previous night by throwing herself off the break-water, was adjourned until Saturday, as the accused was not in a fit condition to appear in Court. CIVIL OASES. His Worship gave judgment for plaintiffs in the following cases:— J. Loughton v. Isherwood, £l6 12s. 6d.; B, Duignan v. W. Baker, £1 ; Draper v, Collins, 14s. 6d. and costs ; Collins v. Draper, £2 and costs. The following judgment was delivered by his Worship in the case of Hawkins v. Hobbs, for trespass A private individual cannot by his own authority abate a nuisance in a public highway, unless it does him a special injury ; and he is not justified in doing any damage to the property of the person who has improperly placed tho nuisance in the highway if avoiding it he might have passed on with reasonable convenience. If the plaintiffs fence had been broken to enable him to get to his own property without trespassing on tho laud: tho plaintiff, I think he would have been justified In committing the breach. Having broken the fence the defendant could not get to his own property without tresspassing. I give judgment for tho plaintiff for £8 and costs. , i