SUPREME COURT.

Taranaki Daily News, Volume LI, Issue 224, 15 September 1908, Page 2

SUPREME COURT.

% Telegraph.—Pre§s Association. Pulwerston N„ Last Wight. The case of Elizabeth Dunstall, oi Dannevirke, v, Edward Pun')', occulist, Palwerstoii North, a claim of £IOOO damages for alleged wrongful treatment and injury to tllie right eye, wus 'livurd before Air. Justice Chapman today. llie case extended over twelve hours, mid a large amount of evidence was taken, I'l.-tintiir claimed that she had suffered permanent injury to ino eye through defendant having treated her by massage and also by the use of atropine. Evidence for 'the plaintiff was given by Dr. Iteid Mnckay and Dr. Martin, both of whom stated that plaintill was suffering from rheumatic iritia, both stating that massage was wrong treatment for such an ejection. For the defence it was denied that massage had been applied. Drs. Borghctti and O'Brien gave evidence, tJie former •insisting, in face of other medical evidence, that plaintiff's trouble was due not to rheumatism but to a malignant disease. Two witnesses deposed that plaintiff had told them that Dr. Martin had urged her to take action against/ Perry, and agreed to back her. His Honor summed up in favor of the defence, and Mic jury returned a verdict for the defendant. Costs were allowed according to scale with di&ursemuiits and witnesses' expenses. Dtmedin, Last Night. At the Supreme Court to-day, the city corporation brought an action against David Booth, settler, Leith Valley, for the recovery of £20(1 damages. The ground of' the actioif was that on October 20, 1907, defendant and his servants negligently lighted fires on his property near the corporation boundary, and that the fire spread ■ to plaintiff's and burned a large quantity of grass and native bush, and also ■ aibout 10,000 young trees. The defence i contended that the lire wfliich caused the damage did not originate on de- . fendant's land, but on the corporation's property. The case stands partly ! heard.

Auckland, Monday. Thomas Gunning Marchbank and Henry Wilson (a youth of eighteen) were sentenced to two years' imprisonment for breaking and entering and theft. Botlh admitted previous convictions. Marchbank pleaded not guilty to threw charges of tiiicft from premises which lie admitted having entered. The Judge said it was useless to proceed with the charge as he would 1 not sentence the man to an extra day's imprisonment if the charge were proved. Athur Welliam Fox, who had pleaded guilty to theft from a dwelling and attempted arson, urged that he had not meant any harm. It was nil done in a fit of temper. He was sentenced to four years! imprisonment. A decre'i nisi was granted in the divorce case of Lucie Maxwell v. Christopher Maxwell, on the ground of misconduct.