Clipped From The Waterford News
license in for ; Scan- plaintiff) was seated on a firkin in the car, when defendant pushed him off, causing him to fall, head foremost, on the roadway. Defendant then, he alleged, came off the car and kicked him in the body several times. He was unable to work Bince. Cross-examined by Mr. Slattery Had some drink taken, but was not drunk on the evening in question. Mr. Slattery: I believe you were very bod, poor man ? Indeed I was, sir. Did you get married in a couple of days after ? Well, thin, I did (great laughter). Chairman (to piaintut ; uo you say that you gave Hourigan no provocation ? Plaintiff : We were only joking about women (laughter). Chairman : If you did not fall off the firkin, and get hurt, would you bring this action ? No, begor (laughter). jut. V conneu, woo acrca lor piainim, examined Patrick Roach, the driver of the cart on the date of the occurrence. Witness did not see Hourigan shove plaintiff off the firkin, but he saw him on the ground, when Hourigan jumped off the car, and gave him a kick, telling him at the same time, in a friendly way, to get up ; witness then helped defendant to put plaintiff into the car. Mr. Jeremiah O'Brien, Ballymacart, summoned as witness for plaintiff, appealed to his worship for his costs before be would be sworn m the case. Chairman : How much costs do you require ? XI a day. Chairman: Why do you charge 1 a day ? Because I'm so respectable (laughter). The Chairman said he had no power to give costs, and Mr. O'Brien refused to be sworn. On being remonstrated with, however, by Mr. Fitzgerald, he consented to be sworn, but his evidence was immaterial. Dr. Graves, also summoned as a witness, declined to give evidence unless he was paid his professional fee by plaintiff. He was paid one guinea by plain tiff, and on being sworn, said that, on the 24th August last, Flynn (the plaintiff) came to him for examination, and told him he hod received injury in June ; this was two months after the occurrence ; he examined him, but found nothing wrong ; he told him so. The Chairman dismissed the case without prejudice. Appeal. In a fishery case, where the magis LA LE 1 0 1 0 I O pj'