S.M. COURT.

Auckland Star, Volume XLIII, Issue 300, 16 December 1912, Page 7

S.M. COURT.

(Before Utaa Kettle. SJC) CLAIM FOB DAMAGES. Haswaßg was resumed at the Magistrate's, Court this morning in tbe caae bronght by Albert Sinclair against tbe Aaefcland City Council, claiming £15 ' 17/ for damages alleged to have been, sustained by having driven- into «n excavation made in connection With drainage works in Hobson Street. Mr. P. H. Williamson appeared for the plaintiff, and. Mr. Stanton for t*e defendant. Evidence was given by Constable Blakey, who was on duty that night in Hobson Street. He deposed that the hole was 12ft in length by ftft in depth and 3ft in width. He deposed to seeing two lamps lying on the ciay, and also that planks had been knocked down. He rearranged the planks to protect the hole, and also relighted the lamps. Mr. Kettle: Then the wicks and oil were all right. . ... Mr. Stanton Intimated that if a shortadjournment was granted he hoped to settle the matter. Mr; Kettle said he preferred to go on with the ease, as it was his duty in the public interest to ascertain If the hole had" been properly lighted. ' '-*: In answer to Mr. Stanton, the constable -said that even If there had been no lights, he thought the lamps of the trap Shouldhave enabled a man to avoid the hole. Mr. Stanton-claimed that the Council having placed lighted lamps at 5 o'clock hi' ' a proper manner, it was not obligated tor keep them lighted at their peril. Evidence was.then called to show there/ were lights at the bole a very short timebefore the accident £ Mr. W. E. Bush. City Engineer, -said,. after careful test what he considered the best form of lamps were need to lightstreet works. They were hurricane lamps," specially constructed to resist gusty weather. ' ■ *'• -* L -? J. Forsyth stated ne .visited the placewhere the accident occurred by 8.30 next' morning. He saw six lamps there. '-- Mr. Kettle said the accident occurred a year ago, and the action was only instituted after such a lapse of time, which was the fault of the plaintiff. He considered that when an accident occurred action should be taken as soon as possible afterwards, so as to get the evidence fresh. In his opinion, it was the duty of t*he police, and also of the Borough Council, to take every reasonable step to ascertain the . facte in all such cases of accident. In this case, he -was of opinion that the Council had done all that was required by the statute. Hurricane - lamps "were placed at the work, and a barricade of planks on barrels. • The • Council could not be expected to have watchmen at all the works to see the lamps were not put out. In ttiis case they had -the evidence of a yonng lady that the lamps were alight a few minutes prior to the time the accident took place. H«L ■ considered the case had not been, proved-, therefore plaintlfr would be nonsuited. Cost* : .were allowed the defendant.