MARTINBOROUGH S.M. COURT.

Wairarapa Age, Volume XXXI, Issue 3013, 9 October 1908, Page 5

MARTINBOROUGH S.M. COURT.

A rather important sitting of the P.M. Court was held at Martint orough on Wednesday, Mr W.P. James, S.M., occupying the Bench. John Gaskin, carrier, sued Hush McKsy, coach proprietor, for'£2s, the price of a hors-j alleged to have been sold by plaintiff to defendant. Mr G. A. Pownall appeared for plaintiff, and Mr S. 11. Gawith for defendant. The derence was chat there was no contract of sale, the horse being merely lent. Evidence was taken, after which Mr Pownall elected fo take a nonsuit, with £3 costs. Fenwick Bros , dsiry-farmer..', of Kaiwaiwai, sued David Hathaway, farmer, of Dry River, for £99 for loss of agisted stock and depreciation in stock remaining. Defendant counter-claimed for £lO 7s 6d fbr grazing fees. Mr S. R. Gawith appeared for plaintiffs, and Mr C. A. Pownall for defendant. About twenty witnesses were called. The Magistrate gave judgment in favour of ' defendant, Halhaway, on the claim, and also allowed his counter claim. with Court costs £1 3s, solicitors' fee £4 19s and witnesses £5 lGs.

Harry McDonald, ■ farmer, of Tablelands, sued Chas. Brewer, pubilcan, for £1.05, personal damages of a special and general nature, the allegation being that on tho 25th of April last a drain was left open at the rear of defendant's hotel. Mr C A. Pownall (instructed by Mr Gawith) appeared for plaintiff, and Mr M. Myers, of Wellington (instructed by Mr J. W. Card) for defendant. The evidence showed that plaintiff sustained a broken leg through failing over the drain at night, the injury causing him four months' illness. The defence was that plaintiff had only a bare license to be on the premises, and that if the danger existed as alleged it was caused by the act of an indeperd-. ent contractor, who was carrying out drainage work for the licensee. It v as also set up that a door leading on to*the drain had been previously bolted from the inside, and that there was contributory negligence on the part of the plaintiff in unbolting the door and going out. Judgment, was reserved. J. O'Keefe sued several labourers for trespassing on his farm at Ataraia, Mr J. W. Card appearing for plaintiff, and Mr S. R. Gawith for the defendants. A quantity of evidence was taken, after which His Worship dismissed the information with costs.