COUNTY SUED.

Ashburton Guardian, Volume XLVI, Issue 10659, 28 November 1925, Page 6

COUNTY SUED.

FATALITY AT THE BRIDGE. PLAINTIFF’S CASE CONCLUDED. (Per Press Association^ (JHRI S'fc HUIiCH, This Day. The ease in winch Leo Robert Stoddart, farmer, of Willowby, is suing the Ashburton County Council for £2OOO damages, arising out of the death of ins wife, was continued before hisH&nor Mr .Justice Adams and a common jury of twelve at the Supreme Court yesterday afternoon. . 'The case arose out of an acciden near the Ashburton traffic bridge in which Mrs Stoddart lost her hi*. Mr F S. Wilding, with his Mr North, ap neared for the plaintiff, and Mr \\ • ; • bun, with him Mr Burned, ioi tne Council. Alfred John Millicliamp, nurseryman, of Timvald, said that on the mglit or the accident lie walked along the road and noticed the gig .in question. In his opinion the visibility on the night was bad, and at the particular place the permnent lights did not show up the fence clearly. If one did not know the road one would not know the obstruction was there till right on to it The lights on a gig were sufficient it the driver kept to the right side and knew the road. His Honor: What would happen it a cow camo suddenly across the road; Witness: 1 do not know what would happen, but I wouldn’t like to be in the Witness stated further that the load at the point of the accident, although 20 feet wide, was dangerous. The plaintiff, Leo Robert Stoudart, farmer, of Willowby, said he mid five children ranging from eight to fifteen years of age. His wife had managed the household solely, doing all then sewing and educating them. Also she helped with the accounts and did business in town. Mrs Stoddart was 40 years of age and he was 38. Since the accident, plaintiff’s mother had been looking alter the children, but the work was too much for her as she was 60 years of age. He would shortly have to engage a housekeeper at a minimum wage of 35s a: week. Ilie extra cost of the clothes which he would now have to buy would he £2 a week. A housekeeper would be less economical in the running of the house than uis wife. He estimated that this state or affairs would continue for about eight years. Walter James Enticott, Methodist minister residing at YY illowby, said lie was of the opinion that a housekeeper was eminently necessary. Mrs Stoddart looked after the house and was in every way a capable wife. David Jackson, retired senior-ser-geant,’ of Ashburton, also gave evidence as to the state of the road. This closed the ease for plaintiff.

Non-suit Applied For. Mr Sim then moved for a non-suit on the following grounds: (1) That there was no evidence on the part of defendant amounting to misfeauee; (2) assuming that there was misfeance, there was no evidence that this was the cause of the accident. , His Honor reserved the hearing of the arguments for and against the application for a non-suit. -At..Evidence for the Defence. William Glassey Gallagher, chairman of the Ashburton County Council, deposed that the Works Committee met jl3 days after the flood and decided to erect a temporary fence along the eroded part of the road. The lights m the neighbourhood of the fence were good, in tact, it was the best-lighted part of the county. Ordinary gig lamps threw out the light a chain, and Mrs btoddart’s lights were good ones. No implicit instructions were issued for the cessation of the lighting to the officer responsible. ■ lienry Charles Julian Dillon, farmer, of Westerfield, said he drove a gig along the road on the night of the accident. He saw the lights burning on Mrs Stoddart’s gig. . It was a fair night and anyone with proper lights would have sec-n the corner fence. He was the first on the scene of the accident. He noticed no shaft in the wirenetting. Mrs Stoddart was lying under the right-hand wheel. The first indication of the accident was that his horse slued when, nearly opposite Mrs Stoddart. John Moore, farmer, of Mayfield, a member of the Ashburton County Council, said ho had passed the scene of the accident several times between the time pf the flood and that of the accident and had seen nothing wrong with the road. Any person with fair gig lights should see objects 15 yards in advance. The bridge was one of the busiest spots in the Ashburton County. The Court then adjourned until 10 o’clock this morning.