DISTRICT COURT.—This Day.

Auckland Star, Volume VII, Issue 1974, 7 June 1876, Page 2

DISTRICT COURT.—This Day.

SPECIAL SITTING.

(Before F. D. Fanton, Esq., District Judge.) A special sitting of the District Court was held this morning by His Honor for tho purpose of pronouncing judgment in the case J. WAYMOUTH JDN. V. SIMS AND OTHERB. Mr Tyler for the plaintiff and Mr Alexander for the defendants.

It will be recollected that this suit is a claim for £100, damages sustained by plaintiffs boat-building establishment at Smale's Point by some logs of defendants' getting loose in the tide and sweeping down upon the supporting piles. The case was argued about i. fortnight ago. The judgment, which was pronounced by His Honor, was very long and elaborate, and occupied nearly an hour in the reading. The following is the conclusion :— " On the merits of the case as placed before me I base my decision on the two points first stated.

1. The logs were the immediate instruments of tho destruction of the workshop and premises. 2. Some were not secured at all, and others insecurely fastened in reference simply to ordinary contingencies. If the chain had broken instead of having come untied (which is the statement of things I accept as true), and if the branch which broke had been, a proper pile I should, I think, have decided the latter question differently. Judgment must pass for plaintiff for the full amount with costs.

His Honor said he should recommend an appeal as, if the license of the harbour was really valueless, the shed should not have been there.

Mr: Tyler said although it was, no doubt, very desirable that the public question should be set at rest, he was afraid his client would stick to his judgment if possible. Mr Alexander asked for time to pay the amount. •• 7

It was eventually settled that the payment should be made by £20 monthly instalments. The Court then rose.