RESIDENT MAGISTRATE’S COURT.

Temuka Leader, Volume 1510, Issue 1510, 9 November 1886, Page 2

RESIDENT MAGISTRATE’S COURT.

Geraldine—Monday, Not. 8, 1886.

[Before H. C. S. JSaddeley, Esq., R.M., and Dr Fish and H. W. Moore, Esq., J.P.’s. CIVIL CASES, Judgment by default was given 'in tlie following cases C E Sherratt v A Dunford—Claim £3 15s

Same v C Jones—Olaim £4 13s Several other cases were struck out and withdrawn

J Mundell v W H Crafer —Claim £2 16s, breakage and damage to a buggy Mr White for plaintiff, Dr Foster for defendant

Fifteen shillings of the amount, which was for the hire of the trap, were paid into Court ~. ;'. ;i ■' Defendant denied his liability to pay for the damage, on the ground that the horse had been intractable

. John Mundell, sworn, said : I am a livery stable keeper at Geraldine. On the 14th Oct. Inst,, defendant engaged a horse vnd buggy stating he.yas about to be married. I was not present when it was hired. I afterwards saw the horse and buggy in the churchyard. The horse was walking about feeding, and the reins were dragging on the ground. , I went into the yard, unbuckled the reins, tied the horse up, and sont down aigroom .to take charge- of it. jjl -have had the horse about 18 .months. It is perfectly quiet, and I jiav» let him out regularly to persons who might want a horse. Constable Willoughby and Mr'Cook have both used him. I saw the baggy in the evening when it caihe home. One shaft and tbs dash-board were broken, and the buggy generally injured. The horse was scratched and appeared as, if h«( had been down. ' I had the shaft' repaired, and the dash* board .has to bohrepaired yet. The charge is £2. To Dr' Foster : I saw the horse in the churchyard' about half-an-hour after, leaving the 'stable. O'Harding brought the horse back. He brought mo a little note in pencil to the effect that the horse had played up and smashed the buggy. The repairing of the buggy will coat £2. William Keane, sworn, said : I am a groom at Mr Mundell’s. I let the horse and buggy to defendant. He simply asked for a horse 1 -and buggy as he wus going to be married. 0 Harding came for' it. I told Hording not to let the horse go in the'churchyard, but to have someone to look after it. It is a very qujetThoijse ; I (j|y«i often idriyen it. It has been in the stables about ,18 months, during which time it. has been constantly let out, and no complaints have been made. When the buggy was brought back the shaft arid splashboard were broken. , . t ■ > To Dr Foster: I said to Harding that I never knew the horse to kick before. He showed me there was a mark on the splash-board where the .horse had kicked. Constable Willoughby: I know the horse in question. 1 1 have’driven it once. 1 took it to the Hao-hae-terinoana and to Winchester and back. Ths groom told me to keep a rein on it so as not to let it fall. , To Dr Foster: I don’t remember whether it was before or after the 14th. 1 don’t remember it trying to fall with me., It is a faiy horse, but cannot be left. B § Cook deposed to engaging the horse from Mr Mundell. He bad taken it to the racecourse and back, and it went very well. Ho considered it a safe horse. T Bowkett said : lam a ooachbuilder. I repaired the buggy. .The usual coat for repairing a shaft, is Iss; for the dashboard 25a To Dr Foster : I could not say how the damage had been done, j It came to ms last month

This was the plaintiff’s case. W H Crafer, defendant, sworn, said : I remember the 14th o£ October. I engaged the buggy. I saw, Kegne. He told me to keep a tight rein on the horse, as he was likely to stumble. While driving along the road the horse kicked first of all ; then laid down on the off side. 1 had not been flicking him. When he laid down I held him as well as 1 could while Harding got out and got him loose. I took the horse out and sent it to Mandeb's by Harding, with a note oomplainiig of the horw. I «aw Mr Muudell the

next morning, and refused to pay for the damage. Mr Mnndell said be would summon me for it. When I shewed the mark on the buggy to Mr Mundell’s groom, he said, “tes, i’ll give in, the horse did kick.”

, To Mr White : The accident happened about half past three. There ware two ladies in the trap. My attention was not ,-q'nlly divided between the ladies. I was attending to the horse, as it-was restive the whole time: He went about 10 chains before he lay downr - I showed the mark on the dash-board to Keane. He did not 'but simply lay down. I should have paid Mnndell the hire, but he said he was gdrpg^Q'/snminbß'' , &ie, ao I told him to sij'rantpn for tne lot. C Hard iogj. J worn, said he was in the buggy;at tjine: of jt|ie *cpide,Qb*#He had -w got the horse- from the stable, aid it played up then, but he did not take much notice of It. Witness corroborated the evi* dence of the -last witness with regard to the accideht. He alsodeposed to seeing the dash-board broken when hiring tbs trap, and to calling the groom’s attention to it ■■ ■ 1

To Mr White : The horse "bunked up his hind quarters when I first got him from the stables.. Shaver had some practice in driving. The horse went very well from ithe church to the house of the bride’s parenti., There was a buggy, but it was of no use.,;: | r Td the Bench: I had no conversation with Mr Willoughby.(about the the horse. Dr Foster ported out that no evidence had been-brought that the buggy bad behn sound when it oame from the Stable. The wituessss for .the defence Itad proved that the dash-board had been broken when it left the stable..,

Mr White submitted that the plaintiff was entitled to a verdict, as they had proved that the horse was:'quiet and tractable; He contended that the defended! writf not qualified to drive the horse. He’ also contended that ordinary care and akill had not been uaed on this occasion' ' ' ’ ]y The Bench thought 1 Ithe ’ 'proof of negligence was altogether 1 top doubtful to allow of judgnaeiit being; gjiven for the full amount, claimed t ; it wjpuld*' the amount paid in'o Courtj’lfis, andcosts of Court, 14s. , Y JkMagin v; Turpintr,Gl»iiq £1 tor four (days’ wages at 6§ per day. / Mr : Aspinall for plaintiff, Mr Wlpite for defendant. Plaintiff atated.that hewasxUborer living at Orari. He had been employed by de* fendant for three weeks and four days at 6s per day. Defendant had paid him for ths three weeks, but not for the four days. Ha had asked defendant twice for t|ie, money. : To Mr Wbite: I bad been working there three weeks before I 'got any money. De* fendant paid me at the same time as tbs other men. The reason 1 left him in the middle;of the week was, found fault w>th the work Lhad done. To the Bench : I was'paid at the rate of 6s per day, but did not receive any money till I got the three weeks. Ido not know bow the others were paid, I could leave when I liked.

- T. Turpin, defendant, sworn/stated that plaintiff Caine to him for a job and he gave him one at 5s per day, telling him to come to work till witness told him to stop. At the end of three weeks had paid plaintiff for the three; weeks. Plaintiff worked after this four'days. On the,' fpdhb’ witness* had occasion to go to' Ximaru, and* left order* for a certain work to be done, which was no . done. Witness complained about this,’and in consequence of what he said plaintiff had not again Co see to work although asked to do ,sp by witness, who pointsd out that bis absence inconvenienced him. ' : After . bearing. evidence ou both sides, judgment was given for the amount claimed.

'' ‘ " OEITKLTT TO AHIMALS. v ‘ ’ ' : Eight boys, of : tarions -ag'esj were charged with illfcpeatiuga'nmnberofpig* belonging to Mr N.lDunlop, of Geraldine, on Sunday, Oct. 17th, by placing snares in a fence and then driving the pigs through them. The snares were so arranged that the 'pigs, as caught, would .in all probability tumble into a creek.

Six of the boys pleaded guilty and two not guilty. . After hearing the eridenoe,of Mr Dunlop and Constable Willoughby, the six boys who bad pleaded guilty were severely reprimanded by Hie Worship, who expressed hi) determination to put down larrikinism whenever it came came before him. They were then Sued 10«, and 5s costs, each, or in default 48 hours’ imprisonment. The finee were immediately paid by the parents ot the -children with the'exoeption mfione/of; the boys, who bad to go: to the look-up for ths specified time. .

~ This being ali' t'ho business, the Court ad* journed till Monday, Noy. 220 d. ;