RESIDENT MAGISTRATE'S COURT.

Southland Times, Volume III, Issue 222, 28 February 1866, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before H. M'Culloeh, Esq., KM.) Mcxnday, 26th Febbttaby. -■ . Civil Cases GABTHWAIiE V. HAT. Claim far £6 damage done "by defendant's dog in killing 36 fowls, the property of plaintiff. The defendant denied that the dog was his.' ... Erom the evidence given by plaintiff's son, it appeared that about half-past 6. o'clock on the evening of the 21st he went: into the enclosure where the fowls were. kept, and lound them all dead in the fowlhouse. At the same time he saw defendant's dog getting through| the fence-,, and called it by name, and the dog went to him. The dog's feet and mouth were bloody, and the mouth had feathers round it. The witness stated positively that it was defendant's dog, which he had known for aome time. There was another dog: outside the fence..

3-W-.,:

The defendant gave evidence that the dog was shut up into a yard on his premises, enclosed with a close fence five feet high and the only place the dog could get through was a hole he had burrowed under the fence, which was stopped up with a block of wood. Witness saw the dog in the yard at seven o'clock on the morning of the 21st, and the block of wood had not been removed. Abraham Watson deposed to seeing the dog in defendant's yard on the morning the damage was done and the hole being stopped up. The Resident Magistrate said that the positive evidence of plaintiff's son had not been shaken by defendant, and the probability was that the dog jumped the fence on finding the hole stopped. Judgment was therefore given for plaintiff with costs 11s. CAILOW -00> PAT Y. CHEYNE. This was a claim against the master of the United Brothers for the recovering of £1 7s for non-delivery of a bag of oats shipped at Riverton for Invercargill. Mr. Harvey appeared for defendant. During the examination of the plaintiff, it appeared that the bill of lading for the oats had been en lorsed to him by Messrs. Mitchell and Co. for the purpose of receiving the goods only, and not for a consideration, and upon this Mr. Harvey applied for a non-suit, as plaintiff had no right to sue. Non-suited with costs 14s. «i