The Archive · 1901

Bowers and Smith Vc. Joost

'This was an adjourned hearing, in order that an expert, Me. Engelhardt, of the ".s, Meidah, might give evidence" of the damage done to the pluntifis' boat. W. A. ©. Pint (Messrs. Stokes and

'Vorwerk for the defendant'.

Platt) apported for the p'aintifs, aad Dr.

Mr. Engelhardt said the boat was an old one, something between seven to nine years old, and totalling up the different items of damasses cused to different portions of the bow he said the whole amounted to $148.50.

Mr. Platt urged claims of Tis, 20 for cooking utensils, and Tls. 20 for beds, and also stated that in the esti ste the expense of recaulking the boat hal been omitted.

Mr. Engelhardt said that no recanlking was necessity, and the seams were not strained.

Then followed discussion on the amount of damages and costs to be paid by the defendant.

The Court decided that defendant pay $140 besides the $60 already paid to plaintif, and pay one-thir! of the costs of the The plaintiff was ordered to pay two-thirds of sume:

Mr. Platt inquired of the Court why his client, having won the case, was taxed with two-thirds of the cos's.

Dr. Knipping informed' him that the amount of damages originally asked for was so much in excess of the real damage done, as estimated by the expert, that defendant would only have to pay the same proportion of costs of Court expenses that he was assessed in damages, the plaintiff to pay the balance.

Text read from the printed page and cleaned; old type leaves the occasional error.

Your account