RESIDENT MAGISTRATE COURT.

Westport Times, Volume VI, Issue 1008, 27 September 1872, Page 2

RESIDENT MAGISTRATE COURT.

Tuesday, September 24. (Before J. Giles, Esq., H.M.)

Nicholas Jeffey v. Charles Lucas— Claim for £i). Defendant admitted his indebtedness. Judgaieut for amouut claimed aud costs.

Francis Cox v. Joseph Brown— Action to recover £lO damages for injury alleged to be indicted to a horse the property of plaintiff. Mr Fisher appeared for plaintiff. From the statement made by F. Cox it appeared that a horse he owned had on Sunday the 15th instant got out of a stable in Westport, and found its way to the premises of defendant at the junction of the Caledonian and German Terrace road?. That he had on the following morning gone in search of it, and on nearing defendant's house had seen him pelting stones at the horse, and that he had refused to desist therefrom, when requested by plaintiff. In consequence of this the horse was frightened into the stable of defendant, and on plaintiff bringing it therefrom, he discovered that it was lame and bleeding badly from a fresh wouud on the near fore leg ; apparently inflicted by a blow from a jagged stone. Plaintiff alleged that the horse had since suffered from the injuries, and that he, as owner, had lost the value of its services as a pack-horse. William Wiggins gave corroborative evidence as to having seen the animal, which he knew to be all right on the previous evening, passing along the road on the morning in question, lame and bleeding from a fresh wound in the fore leg. The plaintiff recalled, stated that the stones thrown by defendant varied in weight from one to three pounds, and in number were from twelve to twenty,

Defendant denied in general terms having thrown more than one or two stones or chips at the horse, and said that plaintiff immediately on his throwing the first stone, had shouted out that he would summons him for £lO damages. The horse he said was lame when he went i.i the stable, and lame when he came out, and had been too lame for a long time past to be of much use as a pack-horse.

Thomas Wardrope, partner of the defendant, said the burse had been trespassing with some eatlle m his garden, that he had turned it out iherefrom, and that it ran towards the stable where it had been in the habit of feeding, and that Brown used no brutality towards it. He also stated that the horse was of little use for packing, having broken down some tiuiß since, and being stiff in each leg. The Court said the evidence was conflicting, but there seemed no reason to doubt the wound on the leg of the horse was inflicted by stones thrown by the defendant, who had not explicitly denied throwing stones or other missiles. The defence as to the previous lameness of the horse was hardly sufficient to create a doubt that the present lameness was attributable to injuries inflicted by defendant. Damages assessed at 40s and costs.

Bray v. Morris—Adjourned case. Nonsuit recorded by consent of both parties. Thomas Field v. William Carter Graham—Claim for £4B. Expenses incurred on account of certain shares in a claim held by defendant. Mr Fisher, on behalf of defendant, objected to the statement of account, as setting forth no specific particulars. The Court ruled that the objection was valid, but granted an adjournment for one week, at plaintiff's cost, for amendment of bill of particulars.

AVilliam Sloan v. William Morris— Claim for £2O 2s 3d. Work done and material provided on road contract. Debt admitted. Judgment for amount claimed and costs, 255.