MAGISTRATE’S COURT

Otago Daily Times, Issue 26633, 2 December 1947, Page 9

MAGISTRATE’S COURT

CLAIMS FOR POSSESSION TWO CASES ADJOURNED Allegations of assault and the use of obscene language by the defendants. were made by John Byrnes (Mr F. W. Guest) When he claimed possession of furnished rooms in a house at 13 road from Allan Ross and E. E. McLaren (Mr F. W. McElrea) in the Magistrate s Court yesterday before Mr J. D - S.M. Mr A. J- Haub represented the Labour Department. " In evidence, the plaintiff admitted that he- had prevented some of the tenants from using the bathroom, so they were forced to wash in a hand basin. Plaintiff also said that his mother entered one room occupied by tenants and removed the curtains and some mats from tne fl °The case was adjourned until to-day shortly after the plaintiff’s mother, Isobel Byrnes entered the witness box. Conflicting Evidence Conflicting evidence as to the state of the defendant’s health was given by two medical practitioners. Drs A. S. Moody and R. F. Allan, when Edward James Neilson, Kathleen Norma Neilson, and Herbert Henry White claimed vacant possession of a house at 112 Richardson street from Alfred William Jones (Mr E. J. Anderson). , , . Dr Allan said that the plaintiff had haa two serious operations in the past year, and also suffered from chronic bronchitis. The walk up the hill to the flat offered as alternative accommodation would be injurious to the plaintiff’s health. Dr Moody said he examined the plaintiff but found no trace of bronchitis. Plaintiff was putting on weight after the operations, and consequently his blood pressure was above normal. Walking at a reasonable pace up the hill would be beneficial to the plaintiff. Evidence was given by James Neilson and William Victor Avent concerning the suitability of the fiat offered as alternative accommodation, and the magistrate adjourned the case until Thursday _so the flat could be inspected by an inspector from the Department of Labour.