SUPREME COURT.

Auckland Star, Volume XXVI, Issue 73, 27 March 1895, Page 5

SUPREME COURT.

YESTERDAY.

CIVIL SESSION.

(Before Mr Justice Gonolly and a jury of. four). , Frost v. Waitemata County Councij..--» Claim to recover £200 as damages for in-. juries alleged to have been sustained through defendant's negligence.—Mr F. E. Baumo for the- plaintiff, and Mr Hugh Campbell for the defence. After we wenb to press evidence waß given for the plaintiff by David Loched, farmer, Dairy Flat, wh . considered tbe hole in question unsafe at night time. — Percy Frost, nephew ;of plaintiff, deposed that he made the portion* of the road where the accident occurred; He did the work for the Waitemata County Council, and it was passed •by Mr Wilson^ County Engineer, and paid for by, Mr 0. Mays, clerk of the Council. The Engineer directed them to put the pipes in at thab spob —By Mr Campbell: The specifications showed there was to be a slope of one ia 0ne.... He believed that slope was given.-—• Evidence for tho plaintiff was also giyea by George Green and James Gbodfellow. —At the conclusion of the case for tha plaintiff, Mr Campbell submitted that thera was no case to answer. No one. had given evidence, as to whether the work had been done carelessly. He contended there;' no evidence to submib to the jury upon thn> facts.—Mr Baume argued that the whoAe matter.-'was whether or nob there was Evidence of careless deaign or construction. He considered the whole case sb.owed Degligence of construction ia puttir.'g in a culverb chamber of that size and .'hape in a public road, and leaving it uncovered.— Mr Campbell said in reply thai there waa not a particle of evidence to show thab tho culverb was carelessly consVrucbed.—Hia Honor said there might be/come evidence of negligence of construction. Ib appeared, to him that if there was any it must be slight indeed. Still, bethought he would leave ib to the jury, also the question of damages, if any. / The Court' bhen.-' ndjourned until ■ thia morning.- / ' / . < . TODAY. This morning Mc Campbell addressed the Courb for the defence, submitting thah there was no cause of action. Mr Campbell quoted various cases in support of hi. argument. — His Honor ruled that Mr Baume had established a case for the jury. —Mr Campbell then addressed the jury, and called evidence for the defence. —Hugh Monro Wilson, county engineer bo tha Waitemata County Council, deposed howroads and culverts were constructed, and said that he knew the roada and bridges ie the county.. The road where the accident ia alleged to have, occurred was properly constructed. Witness stated that he was t_ the culvert) two days after the accident/ bub saw no marks of . horses' hoofs/ or any disturbance.—Andrew Jack,/ jun., farmer, residing ab the Wade, deposed ;■ that, culverts such as that where the acci* dent is alleged to have occurred were all formed in country districts on the same principle. In witness's opinion the culvert* was constructed properly.—Francis Jamea* Pointon, farmer, living at Dairy Flat,' deposed that he knew the road well. He had property ab both ends of the road. The culvert was constructed in the usual form. Witness said that no one could get into the hole on the farmed, road unless it was on extremely dark night.— Jas. Wm. Wilson, farmer, deposed that ha had lived in the neighbourhood of Dairy Flat for nine years. Witness Baw plaintiff on the^ight.of th 6 alleged accident at Mr Bond's at- the 'Wade'elttihgW'a chair. Plaintiff said nothing to witness about having fallen into a hole. .Wibness had eodn plfirihtiff dr-vit-fe" c£btl& ifthce the accident. <— Wm. Geo. Cain, settler^ living ab Orewa, deposed ; >,t liab the culvert was constructed in a proper manner for country roads.—Robert Thorburn, road surface man at the Wade, deposed that he saw plaintiff at Mr Bond's on the night of the accident. Witness was on the verandah, and plaintiff rode up. He sawplaintiff dismount from his horse, and saw, nothing uousual about him. No one helped plaintiff to dismount. Witness saw-plain-tiff the nexb morning when working on the road bebween tho hotel and tho Wada bridge. Plaintiff was on horseback. Witness did not see plaintiff's arm in a sling or anything unusual about his appearance. Plaintiff wa9 carrying a small ."platted', riding whip in his righb hand.—Oliver ' Mays, . clerk .to the Waitemata County Council, deposed that plaintiff came into his office relative to a sum owing to him for repairs to a road. Plaintiff had one of hia arms in a strap, and in answer to a question by witness, he understood plaintiff to say that he had been thrown or had fallea from a horse.—This was the case for tha defence. The questions for the jury were : _<1) Waa the injury to plaintiff caused by Negligence of defendant? (2) What, damages (if any) plaintiff is entitled to recover by reason of inability up to the time of .ringing the action ? (3) and wba. lastine or permanent injuries plaintiff may sustain. Counsel ■addressed the jury, and His Honor summed up. Maez Kjsox v. W.S. Wilson, J. L. Wilson e_ d A. .. Horto. , praying judgment for £20° compensation for certain words-published in the "Herald "newa-paper.--This" esse was faxed for hearing today. ■'Onaceo-Dt'of the Court being occupied hearing t> action for damages broughb by Ernes. Arthur Frost against, the Waitemata tvnnty Council, Mr Button asked that the case be ahowed to stand over until to-monJW mornmcr.~ Hia Honor consented, and the _!_-<; »<*' fffi'«« discharged for tho daj. - .