A DOCTOR'S FEES.

Gisborne Times, Volume XXVII, Issue 2686, 16 December 1909, Page 3

A DOCTOR'S FEES.

APPLICATION FOR RE-HEARING OF A CASE.

At the Magistrate’s Court yesterday morning, before Captain Beere and Mr F. W. Riach, J.’sP., an application was made lor ; a re-hearing in the case of Dr. Morrison v. Reginald Oswald Sheet llic amount was £l4 14s, judgment having been given for the plaintiff, last Avcek. Mr J. R. Kirk appeared t-o support the application'. He said it was based on;three grounds. He claimed that the notes taken by the Justices at the original hearing Avould not be sufficient for the case oil appeal. If they had a re-hearing it Avould came before Hie Magistrate, who would have full notes taken. . Ho contended also that the judgment Ayas a,gainst the weight or the evidence, as only Dr. Morrison.* evidence Avas taken as to an charge, while the defence had the SAVorn evidence of tAvo witnesses that no extra charge Avas to he made. Illio third point Avas that material evidence had been discovered since the date of the trial, which could not have been foreseen before the trial. If the judgnient was just it would stand when it came before the Magistrate, with a heavier list of costs against the defendant. Mr. Coleman, avlio opposed the application, said the question Avas not whether either party Avould be prejudiced through the re-hearing being heard or not. If there was a question of any person suffering it Avould be Dr. Morrison, avlio Avas out of the district. After quoting several authorities dealing Avith the discovery of. material evidence Mr. Coleman pointed out that it had been five years since the accident happened and many months since defendant Avas threatened with an actiqiu so that ho had been given ample opportunity,, to obtain evidence. After further argument the Bench' said they had carefully looked into the matter, and on the grounds of equity and good conscience would grant th© application on the payment of all costs in the first case, the costs in the second case to lie allotted by the Magistrate. Mr. Coleman asked that the decision should be given in Avriting as lie intended to apply to the Supreme Court for at. enquiry into all matters in connection Avith the case.