SUPREME COURT.

Press, Volume XLVI, Issue 7357, 9 July 1889, Page 3

SUPREME COURT.

SITTINGS AT NISI PRIUS. Monday, July 8. (Before his Honor Mr Justice Denniston and a Common Jury of four.) The civil sittings opened at 11 a.ni. MACKAY V LATTER. In this case, on the application of Mr Beswick, his Honor fixed Wednesday for hearing. M'ILBAITH V OGDKN. On the application of Mr McConnel his Honor fixed the hearing of this case for the 17th inst. JEFF V HSNDBRSON AND M'BBATH. Mr Stringer stated that this case was settled. COLLIER V WOOD, BHAND AND CO. In this case William Collier, carter, was plaintiff, and William. Wood and James fehand, trading as Wood, Shand and Co., merchants, defendants. The statement of claim by the plaintiff alleged that on the 22nd December the plaintiff, by reason of the negligent driving of one of the servants of the defendants whilst in charge of a dray belonging to the defendant firm, was seriously injured. It was alleged that on the day mentioned in the statement of claim one William Evans who was in charge of a dray belonging to the defendants, came into collision with the aerated-water waggon driven by the plaintiff, in Colombo street, whilst the latter was on his right side, and whilst unable to avoid the collision owing to vehicles being in the road. The plaintiff was, it was alleged, owing to this collision, seriously injured, was laid up for some time in the Christchurch Hospital, and had been prevented by reason of the accident from working as a carter since. He therefore claimed £350 as damages. The statement of defence denied all the material allegations contained in the plaintiff's statement of claim. It also set out that the injuries alleged to have been sustained by the plaintiff were not so sustained by the action or negligence of the servant of the defendant firm, but was caused by contributing negligence on the part of the plaintiff. In a fuller defence it was alleged that at the time of the alleged injury the driver of the cart was not going about the business of the defendant firm. Mr McConnel, with him Mr Beattie, for the plaintiff, Mr J. B. Fisher for the defendants. Mr McConnel opened the case for the plaintiff and called evidence. The witnesses examined were William Collier, tbe plaintiff, who described the accident; Dr. De Renzi, resident surgeon to the Christchurch Hospital; Dr. Mcßean Stewart, W. Longdin, E. Smart, Geo. Andrews, Christina Thomson, John Goodman, Edward Prebble, G. White, and W. Barry. This closed the case for the plaintiff. Mr Fisher opened the case for the defendant firm, and called evidence. The witnesses examined were William Evans and George Bull. At 5.10 p.m. the Court adjourned until 10.30 a.m. to-day.