WOMAN KILLED.

Press, Volume LXI, Issue 18551, 28 November 1925, Page 10

WOMAN KILLED.

ALLEGED NEGLIGENCE ASHBTTBTON COUNTY COUNCIL SUED, The case in •which Leo Robert Saddart, of WHlowby, near Ashburten, farmer, 6ued the Ashburton. County Council for £2OOO damages, in respect to the death of his wife, Elisabeth M. G. Stoddart, was continued yesterday in the Supreme Court, before his Honour Mr Justice Adams. Mr P. S. Wilding, and with Trim Mr North, appeared for plaintiff, Mr Purnell and with him Mr W. J. Sim representing the Council. Alfred John Millichamp, nurseryman of Tinwald, said that on the night of the accident he walked along the road and had noticed Stoddart'b gig. The night was very dark. He noticed that the gig was making in the direction of Tinwald and that the horse was well under control. Shortly after the gig had passed he had heard a noise, but on looking back could not see anything. To Mr Sim witness said he regarded the road at the place of impact as being too narrow. Leo Robert Stoddart, the plaintiff, in evidence, stated that he had five ohildren. His wife had done all the housework and had employed no help. Since the accident plaintiff's mother had been caring for the children, but the heavy work was too much for her and a housekeeper would have to be employed. He would have to pay the housekeeper at least 35s a week, and there would be other sums to be paid, which had not been the case when his wife had been alive. The horse which his wife had been driving was a very quiet one. To Mi Sim: The horse very seldom shied, but it was possible that a horse might shy unexpectedly at any time. Walter James Enticott, Methodist minister of Willowby, gave evidence as to the necessity jfpr a housekeeper in Stoddart's home. David Jackson, ex-senior sergeant of police at Ashburton, stated that the road where the accident had occurred was well used. The road was narrow as compared with other country roads. Application for Nonsuit.

This concluded the case for the plaintiff and Mr Sim, on behalf of the County siCoUncil, moved T for a nonsuit on the following grounds : —"(1) That thera • had been produced no evidence of any conduct on the part of the defendant amounting to misfeasance; (2) assuming that there was misfeasance, there was no evidence that this was the cause of the accident." His Honour reserved hearing of argument for and against the nonsuit. The Defence. Opening the case for the defence Mr Sim said that the question for the jury to decide was whether or not the Counoil had done anything or had omitted to do something, thereby causing the accident. William G. Gallagher, chairman of the Ashburton County Council, said that the Works Committee had decided, three days after the flood, to erect a temporary fence along the eroded part ✓of the road. The light? in the neighbourhood of the fence were good, in fact, it was the best lighted part of the country. To Mr Sim: The lamps on the gig were in good order and threw a light for about' a chain.

Henry Charles Julian Dillon, farmer, of Westerfield, said that he went over the bridge fairly frequently. He drove a gig across on the night of the accident. A good gig light, would shine about a chain. The lights were burning on the gig after the accident. With a good light the fence would have been seen. Witness was the first to arrive on the scene. Mrs Stoddart was lying with the right wheel of the gig over her skirt. To Mr North: The first indication he had of trouble was the shying of his horse. John Moore, farmer, of Mayfield, and a member of the Ashburton County Council, said that he had noticed nothing unusual about the fence when driving. The bridge was one of the busiest spots in the whole of Ashburton. At this stage the Court adjourned until this morning.