S.M. COURT.

Auckland Star, Volume XXXIX, Issue 153, 27 June 1908, Page 6

S.M. COURT.

m A QUESTION OF LIABILITT. At the S.M. Court yesterday, before Mr C. . C Kettle, S.M., Catherine Bailey CMr Prendergast) sued James Morris (Mr Seed) for £100 damages for injuries, and £4 8/ medical attendance and medicine. The plain- ] tiff claimed for damage for personal Injuries ' caused to her by defendant or his servants, on .the 2Sth day of January, unskilfully unloading and managing a vehicle called a ' jinker, in Queen-street, Auckland, so that \ the pole or shaft of the linker fell and. struck '■ the plaintiff as she was lawfully passing along the street. By reason of the injuries : she was prevented from attending to her ' business of a draper. Dr. Bull gave evidence of the injuries re- « ceived. which he stated were severe contu- ' sions, principally on the fight hip and thigh. 1 The plaintiff in her evidence said that she was walking down Queen-street on the day in question, and when crossing Durhamstreet she was suddenly struck on the head, the blow daxing her, and the first she re- , membered was that she was in a shop, and was afterwards taken home in a cab. She - was laid up for over two months, and stOl 1 suffered from the effects of the accident ] Evidence was also given by George Win. ■, stone, yam-., Alfred Ogttvie, Michael Keefe, f and Joseph Clarke. j Mr Beed asked for a non-srdt. on the £ grounds that it harj not been shown that ♦ there was any liability on the part of the , defendant. If anyone was liable it would be ' the employer of the man in charge of the i iinker. x Mr Prendergast contended that the lia- -i bility was with the defendant, through the action of his foreman. " 1 Mr Kettle said, as the point raised by Mr a "Keed was a nice one. he wanted time to consider It, and reserved judgment. ' i Mr Geo. E. Woolley, wh# is leaving T the Bank of New Zealand at Hamilton c and going Home to study painting, was ° entertained at a social gathering last s night at Frankton, and presented with a an autograph book from ladies, and c opera-glasses from menafriends. ° An employee of the N.Z. Cement Com- " pany had an unpleasant experience last night. Jost on the arrival at Lima- q stone Island of the Kaneri from Whan- J garei, Mr Byles was engaged on the Z jetty shipping cement, when he accidentally fell into the water. Fortanately his cries for assistance were C heard, with the result that Mr Nefll *] Lambert McLean, of Whangarei, promptly jumped in to his aid, and was not i moment too soon. He held Mr Byles ap, however, until both were rescued from their perilous position. A very aged and decrepit native *oman known here as "Old Hera" died « Akan homestead on Tuesday morning. She was the widow of a one-time loted chief named Wehini; her two children are Wahanga and the wife Of Eh* nent Newton, both natives of local rerate. Hera's age was stated to be over unety years, and she is-smid to have been i named woman when the first Goverlor of New Zealand (Captain Hobson) h< .ook up his residence at Koroareka, the G jhen capital, in the Bay of Islands, in S1 840. She has lived to see many changes M -from the Pakehas themselves seeking Tl n-oteebon at the hands of friendly <* «*orw, to herself seeking and obtaining j* pension. A big tangi baa been £ jeidatTe Ainu, natives coming from e> ~