AN APPEAL DISMISSED.

Auckland Star, Volume XLIV, Issue 92, 18 April 1913, Page 5

AN APPEAL DISMISSED.

SEQUEL TO A FERRY ACCIDENT. The Registrar of the Supreme Court (Mr W. G. Thomas) hae received the reserved judgment of Mr Justice Cooper iv the civil action %Vihak*tane County Council v. Chas. Newehain, appeal on law and fact from the judgment of Mr R. W. • Dyer, S.M., at Whakatane, in an action in which the respondent was plaintiff and the appellant corporation defendant. The action wae one claiming damages from the corporation for the loes by drowning of 48 cattle belonging to the respondent, such loss it wee alleged having been caused through the negligence of the appellant corporation. The action wae originally heard in November, 1911, and on December 2, 1911, the Magistrate gave judgment in favour of respondent, and awarded him £180 damages. A second 4rial resulted in the same judgment being given. 'Hie Honor held that the appellant corporation wae guilty of negligence in leaving the eupply of dte gear to the contractor, in having no representative to examine and pass the gear, and in taking no precaution whatever by which it could have ascertained whether or not the chain had been tested. The appeal would be dismissed, with' £15 15/ coste.