The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-02-14
ASKS JUDGMENT
DESPITE VERDICT
Rapid Transit Co. Puts All
Blame of Accident on
the Plaintiffs.

| Castle & wilmington for defendant
will present motions before Judge De
Bolt at a. m. Saturday, in the dam
age suits of Mrs. Heleluhe and Mrs.
Kealoha pauole against Honolulu Rap
| id Transit & Land Co., Ltd, that in
each case judgment non obstante we're
dicto be entered for the defendant, on
| these grounds:
81. That, is shown by clear and
uncontradicted evidence, capable Of
only one construction and inference,
that there was no negligence, as set
out in the complaint, on the part of
the defendant, it's servants or en-
ployes.
"2. That it is shown by clear and
ly one construction and inference, that
the injury complained of was not caus-
ed by the negligence of the defendant,
or it's servants or employees, as set out
in the complaint.
SO. That 1t is shown by clear and I'M
contradicted evidence, capable of only
one construction and inference, that the
negligence of the plaintiff contributed
directly as the approximate cause of
the accident which resulted in the in.
jurieS complained of.
"a That the complaint sets out no
negligence of the defendant upon
which, under the clear and uncontra-
dicted evidence, capable of only one
construction and inference, the plain
tiff can recover verdict"
JUDGMENTS.
Judge Lindsay gave judgment for
Dowsett Company, Ltd, against r. L.
Gilliland for $40 with interest, etc. It
was a suit for taxes on land leased to
defendant
Judgment for s1Ss.90 all told has been
rendered by Judge De Bolt in favor
of VIM. L. Peterson and against Peter
Johnson
Judge Weaver has decreed regis
tered title to J. B. Atherton Estate,
Limited, for houselot on Anapuni street
an area of $4,000 square feet.
The land is assessed at $500, and the
improvements at $3.50.
PROBATE MATTERS.
Judge Lindsay appointed Hawaiian |
Trust Co., Ltd, as administrator of the |
estate of Genevieve Dowsett Dunbar
under $50, 600 bond. w. A. Kinney APP
peared for petitioner.
A. G. M. Robertson, executor of the
will of Kali Kakoi, petitions for ap-
prevail of his final account and for dis
charge. He received $7S5 and paid
s4S6.95, leaving a balance of s29S.05.
ACCOUNTS IN DEMAND.
Ballou & Marx for Hawaiian Trust
Co., Ltd, trustee. will present a motion
before Judge De Bolt tomorrow at 8
/. m, that the court set for hearing ;
he trustees petition to compel the
executors of George Galbraith, deceas-
ID, to render an account.
Judge Robinson has ordered that 2. .
dahaulu be summoned to appear be- i
ore him on Saturday at a.. m. and .
how cause, if any he has, why he
hould not file in court his accounts
s the administrator with the will an
exed of the estate of Hope Kuuku
nd as the guardian of Hannah Kaeha
lapahu. The order was granted on the
etition of the ward just named. a
aughter of decedent, who states in her
Hidayit that Mahaulu was appointed
, the offices named in 1897 but has
ever rendered any report or statement
f account. She is anxious that the
of her mothers estate
lay be settled.
COURT ITEMS.
Judge De Bolt has the following cases
It for this morning: j. 0. Carter
al. V. A. V. Gear, demurrer, o'clock;
]. Mccarthy V. l.. NJ. Whitehouse,
and G. J. Mccarthy V. Oahu
ailway & Land Co., damages, the last
70 for jury trial, 10 o'clock.
z. M Watson has filed discontin-
ance of the suit of Frank Borges .
yainst Kahuku Plantation Co., on ap-
saI from Honolulu District Court.
-s-%-s--
-, wyNy,y