AUCKLAND SUPREME COURT.

Auckland Star, Volume XLI, Issue 270, 14 November 1910, Page 2

AUCKLAND SUPREME COURT.

Dim SITTTITGS. The civil sittings .or tare Auckland Supreme Court opened this morning, i«lore Mr. Justice Ed-wards. The order of cases was first settled. Jir. Moody, who appeared for the plaintiff in the ease Emma Louisa Davies ■v. Wm. Hill Mercer (Mr. Kent), claim, for £750 damages for alleged breach of promise of marriage, 6t,ated that a settlement had been arrived at, and the case was struck out. The case Isaac Watts (Mr. Skelton) v. Turribull, Martin and Co (Mr. Cook), claim for £227 7/6 special damages, and £5.000 general damages, for alleged injuries received, on the application of 'the parties, was held over till next ee.isJon. The case Perrin and Baker, Ltd. (Mr. McVeagh) v. Stephen Perrin, claim for £618 17/11, balance of account alleged to be due, and other sums, and that account* be taken, -was stated for the opinion of an arbitrator, Mr. 13. Gerard being named, and "was adjourned for an order to be drawn up. In the case Edmund Mahony (Mr. Cotter) v. Charles Henry Greenhead (Mr. Singer), claim for £200 damages for alleged malicious prosecution, his Honor said he had had the case before ihim before, and he considered it foetteT for a fresh Judge to take it. He thought that the ease should be tried by a jury, but he would refer it to Mr." Justice Cooper. The case of Geo. Cosson (Mr. Heed) t. National Bank of New Zealand, Ltd. (Mr. Hesketh), claim for £300 damages for alleged injury to credit and reputation, -was announced as settled, and was struck out. Divorce cases, m£h the exception of Annie Jane iScott (Mr. Endean) v. George Scott (no defence filed), which will be heard to-morroav, were set down for November 30. BOROUGH SUED FOR DAMAGES. The case first heard, before a common jnry of twelve, was a claim, of £750 for damages, for alleged injuries received, made by Gilbert Hill Broughton against ■the Devonport Borough Council. Dr. Banrford appeared for the plaintiff and Mr. Prendergast for the defendant eOTpo ration. Plaintiff's clahn was that, through negligence on the part of the defendant corporation, he tripped upon a broken culvert at the corner of Vieboria-avenue end Mosely-avenue, Devon-port, and sustained a broken ankle, which liad caused him pain and inconvenience, and had prevented him to date from pursuing his occupation as a commission agent and canvasser for the National Mutual Insurance Company and other companies. Plaintiff gave evidence that (between 6 p.m. and 6.30 p.m. on May 25 last he was proceeding to 'his hoone in. Itevonport, and at the corner of the aforementioned streets he had occasion to cross the road. In attempting to get on the opposite footpath Ms 'heel came in contact wibh. something and he was thrown into the watertaible, 'his heed being held tight. He was unable to rise, and about a quarter, of an hour later a Mr. Marshall assisted him up, and said Jus foot must have caught in the water-pipe. Tho•weight of the fall caused the 'heel of plaintiffs boot to ibe torn off. Plainitiil consulted Dr. Gillies, and had been treated frequently up to ifche end of September for a broken ankle. Since the accident plaintiff had earned 3/3, and for the 20 years before his average earnings had been not less than £300 per nnniTTn. Further, plaintiff stated itha-t he had since seen the cnivert, and he considered the 'broken flange was exceedingly dangerous. To Jdr. Prendergast plaintiff stated that he did not use the street in which the accident occurred on many occasions, •but once before he noticed that the cnivert "was .broken. He admitted suffering from rheumatic goirtj and. Ihe had, on occasions, 'been pretty lame. He got attacks about twice a .year; the last one having been about February last. He admitted having been examined 3>y [Dr. Au-bin lately, ibot denied that he was now suffering from rheumatic gout. Alfred Marshall, carter, "who was driving past the corner of the street ■where the accident occurred, on the night ef the accident, said he first noticed the plaintiff lying on the ground. Witness assisted the plaintiff up, and helped him into hie house, -which was near at hand. Plaintiff appeared to be suffering severe pain. John Aifckmson Walker, timber merchant, said that in April last the culvert complained of -was "broken, and a ihole -was left near Che plain end oi tho vJrain (pipe. "He ,gißv« notice to t;hie 'Devonport Council, and the next day a. new pipe was pert down, the flange Jbeing left exposed. Some time later a •cart was driven over this, and one side of the flange was (broken away. The gutters up to the culvert were cleaned subsequently, and the broken flange must have been seem. He -considered t-he place •was most dangerous as anyone walking there was lin.ble to put his foot in the iholc. Cross-examined, witness said the culvert was more dangerous now than when ' he complained. He did not know that the breaking of the flange made it worse ■than if the flange -was just left uncovered. Witness did not know of any other culverts in Devonport with the flange exposed, as it was the usual custom to have the flange protected. Dr. W. Guinness gave evidence that ■when he was called in to see the plaintiff plaintiff's ankle was so swollen that it was impossible to ascertain the extent of the injuries. Fomentations were applied and witness's final diagnosis was that plaintiff's ankle Tvae sprained, and the ligaments of the ankle joint ruptured. The ankle was put in plaster for about •three weeks, but on the plaster being taken off, plaintiff was unable to bear the weight of his body on his foot, and witness considered t.h-ia due to the ruptured ligaments not adhering again. Through the accident plaintiff had been absolutely incapacitated from doing his work, and could only now hobble about. It was sometimes two years, in cases where the ligaments had been ruptured, before the ankle was right. Witness considered it would be at least some months before plaintiff was able to get about eomfortibly, and there was a probability of his being permanently incapacitated. (Proceeding.)