The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-02-21
SLIP BETWEEN
CUP AND LIP
Two Late Verdicts Against the
Rapid Transit Company
Set Aside.

! Judge De Bolt yesterday set aside
| the verdicts in favor of Mrs. Heleluhe
and Mrs. Kealohapauole, for damages
of $4,000 and $500 respectively. against
Honolulu Rapid Transit & Land Com
pany, Ltd. He granted the defendants
| motion for judgment non obstante
veredicto, in each case, on the ground
that the verdict was wholly unjustified
by the evidence, which showed contrib
utory negligence of plaintiffs and failed
to show negligence of defendant or it's
servants. d. L. Wilmington appeared
for the motion, and E. A. Douthitt and
]. j. Dunno against it.
CRAWFORD TRIAL DELAYED.
Juror Duggan was excused by Judge
Robinson in the trial of William Craw-
ford for gambling and it was agreed
to go on with ten jurors. The trial
was continued later until Monday. a
motion for a directed verdict of ac
quittal, notwithstanding the decision
of the Supreme Court" having been
denied.
THE DUBIOUS DEED.
Dickey V. Cummings, partition, was
continued by Judge Lindsay till Tues
day next William L. Peterson, the
notary whose name is signed to a deed
by the late Cummings to Theresa o.
Wilcox, had not been found to give
his evidence. AS previously reported,
the genuineness of this deed is ques-
toned.
KONA LAND INVOLVED.
Judge Lindsay granted the motion
for postponement of sale in the fore
closure suit of trustees of S. c. Allen
estate against w. C. Achi and others.
The commissioner was instructed to
postpone the sale from March 2 to
March 49, S. H. Derby appeared for
the motion. d. L. Wilmington repre-
scented w. r. Castle without opposing
the motion. Aehi, the first defendant,
had been defaulted.
About 5000 acres of land in Kona,
Hawaii, is involved. Defendant Castle
bought it for $4,000 subject to mort
cages amounting to about $4,000.
IN PROBATE COURT.
Bishop Trust Co., Ltd, petitions for
ancillary letters of administration on
the estate of Charles A. Gault of
Waftham, Middlesex, Mass, who died
in San Francisco last November and
left an estate in Hawaii valued at
$500, consisting of so shares McBryde,
so shares Oahu and cash.
Judge Lindsay approved the account
of Cecil Brown, guardian of Anita
Meyer, which showed $14S7 received
and $1257.65 paid by the guardian.
E. c. Peters. attorney for Amy Gou-
vier, nee Amy Apio, a minor come of
age, moves that r. L. Gilliland, guard |
ian, pay into court such money as may |
be found by him due to the ward and /
that upon such payment the guardian |
be discharged.
The attorney also files an exception |
to the guardians account in which he |
claims for the ward compound legal 7
interest on $322S5 from September 6, /
1890, until February is, 1907.
DEMURRER IN DAMAGE SUIT.
H. Hackfeld & Co, Ltd, has filed a
demurrer to the complaint of Edward
Campbell, claitling $4,000 for person
al injuries. 1t Is set out that the COM
plant does moi show that the relation
IF master and servant existed between
plaintiff and dt PENDANT, that it is shown
hat the appro innate cause of the al
eyed injury was the negligence of a
fellow servant, that the complaint
shows contributory negligence of plain
Tiff, that the complaint shows that
plaintiffs work was finished and that
lie was but a volunteer and not in the
employ of defendant when the alleged |
injury occurred, that the complaint
ails In show that plaintiff was in the
of any duty required of
lin by defendant or that the work in
which he was employed required him
o be in the place where he was at
he time the alleged injury occurred,
md that the complaint is ambiguous
md unintelligible in alleging that on
uly 20, 1902, defendant was engaged in
Unloading coal from the hold of a GER
ain vessel. it being alleged that about
80 D. m. of that day plaintiff was en-
aged with others in unloading coal {
rom the hold of the vessel, from
which allegations sit is impossible to
etermine whether the defendant or I
he plaintiff was engaged in unload
1g said coal or what relations existed
etween the plaintiff and the defend
MT" Henry E. Cooper Is attorney for ,
efendant.
JUDGMENTS.
The trial by jury of the ejectment
uit of Chung Tai V. E. H. F. Wolter
anne to sudden end, Judge De Bolt
ranting the motion of defendant for
nonsuit.
Judgment for plaintiff for SIS was
iven by Judge De Bolt in the suit of
avid Kanuha v. G.. NJ. Cook. Carlo
ong for plaintiff; Thompson & Glenn I
ms for defendant.
In the suit of Levers & Cooke, Ltd,
A. V. Gear and others, Judge De
olt, who had sustained the demurrer,
ives leave to plaintiff to amend its
1mplaint by showing that it is now Il
lie holder and owner of the promis-
Dry note on which the suit is based.
COURT ITEMS.
Melekue sues her husband Kelama :
n divorce on the ground of failure to 4
lpport her and desertion for over
Tree years. The parties were married