CLAIM FOR £500 DAMAGES.

Auckland Star, Volume XXVII, Issue 201, 26 August 1896, Page 5

CLAIM FOR £500 DAMAGES.

ACTION AGAINST THE CITY

COUNCIL,

The action being brought by Michael,and Bridget Sheehan claiming £500 damages from the City Council in respect of the death by drowning ab the Saltwater Baths of Bartholomew ISheehan on the 4fch of January last, was still proceeding when we went to-press yesterday.

For the defence Mr Cotter called Wm. Anderson (City Engineer), John Knight (clerk of works), Robert D. Glover (superintendent of the Baths), Uriah Glover (his son), Wm. Donovan (employed for a time as assistant to Mr Glover), Henry Weaver and James Kenny. Tho two latter stated that they had eeen Sbeeban ewirn a short distance. The Court then adjourned till to-day. This morning Patrick Brady, Robert D. Glover were recalled and re-examined. Thomas Long and Henry Campbell were the remaining witnesses examined for defendant's case..

At the conclusion of defendant's case at 10.30, His Honor said ib appeared to him that there was no evidence given to phow want of attention. Ths only thing which tho plaintiffs had sought to prove was tho dangerous nature of the platform. The questions which the jury should coneider were, as far as he could see, the following : — (1) Was the construction of the platform dangerous to persons using the baths? (2) If so, did such dangerous construction cause tho death of the boy? (3) Was there any contributory neglgonce on his part? (4; What damages, if any ?

Mr Cotter said the baths might have be6n proved dang«rou3 to some persons, but not to Sheehan.

His Honor said question one included whether itwas dangerous to Sheehan.

Mr Cot/tor said wbafc he meant was thab some of the evidence had shown that the platform was dangerous to persona diving. His Honor said the evidence had not shown that it was dangerous to persons diving. The evidence had rather tended the other way.

Mr Burton concurred with His Honor that the questions drawn out were those which should be submitted to the jury.

His Honor sakl that if counsel could not agree aa to tho questions'he would not submit any at all. Mr Cotter then addressed the jury on behalf of tho defendants.

Mr Burton's address occupied the attention of the Court the rest of the time up to the one o'clock adjournment.

At -2.30 this afternoon His Honor concluded his Bumming up, and the jury retired to consider their verdict

A verdict for plaintiff, with damages £125 was returned. . :