RESIDENT MAGISTRATE’S COURT.

Temuka Leader, Issue 1782, 28 August 1888, Page 3

RESIDENT MAGISTRATE’S COURT.

TSMVKA—MoKDAT.AITGTJST 27. (Before Captain C. A. Wray, 8.M.) DRUNKENNESS. Peter Kennedy was charged with having been drunk and incapable in the public street of Temuka on last Saturday evening. The defendant pleaded guilty, but asked the Court to consider that he had been thirty-six hours already locked up. His Worship said in consideration of this he would discharge him; CIVIL CASES.

H. W. Campbell v. J. Davey— Claim £4< Ba, for medical attendance. His Worship delivered judgment in this case. He said that it was a claim for medical services rendered, the defence being the alleged negligence and want of skill of the plaintiff. After having gone carefully through the evidence he found that the defendant had failed to prove that the plaintiff did not use dne care and diligence in his treatment. No dissatisfaction was expressed or implied up to the visit ,on the 7th May. The patient never sent for the plaintiff after that date, and her hnsband (the defendant) told the plaintiff on the 10th of May that his wife was easier, and says he did not know then that the patient was dissatisfied with the plaintiff’s treatment. The medical evidence shows that if the symptoms were as described by the plaintiff his treatment was right up to bis last visit on the 7th May, and Dr Lovegrove said that it was quite possible that the symptoms which Dr Hayes found on the 12th May were not present when the plaintiff paid his visit on the 7th May. He gave judgment for the amount claimed and costs. Mr Hay said that he had been instructed by Dr Campbell to say that he would not ssk for witnesses expenses or any costs, except the costs of the Court. J. Blyth v. Robert Edgeworth— Claim £1 10s Bd. The amount had been paid into Court with the exception of the costs, and for this judgment was given. ~J. Winning v. Patrick Sullivan— Claim £6 17s sd. Judgment by default for the amount claimed and costs.

E. Pilbrow v. G. Batty—Claim £llsa. Mr Aspinall appeared for the defendant. The plaintiff stated that he had acted as agent for Messrs Nimmo and Blair, Dunedin. He had authority to take and forward to them to Dunedin samples of cocksfoot seed. The defendant left a sample ot seed in his office, which he forwarded to Dunedin on the 31st January, and on the 3rd February received a reply to the effect that Nimrao and Blair were willing to give 3|d per lb for it. He wrote a letter to the defendant telling him of this. He went to hia house, but could not see him. He wrote again to him, but he would not answer, and he now sued him for commission. In reply to Mr Aspinall he said he never saw the defendant. He did not sell the seed for the defendant. He sued because he was pot to thfi trouble of writing to Dunedin about it. His Worship said he had no case, and consequently nonsuited him. The Court then rose.