THE COURTS.

Press, Volume LXI, Issue 18552, 30 November 1925, Page 4

THE COURTS.

SUPREME COURT. (Before his Honour Mr Justice Adams.) CLAIM EOK 'iKWO DAMAGES. Evidcnco tor the defence was heard in the action for JtiOOO brought against the Ashburton County Council by Leo Hobert Stoddart, fanner, of "Willowby, who alleged that ilm death of his wife was caused by defendants' negligence. Mr l'\ S. Wildins, with him Mr A. K. North, appeared for plaintiff, and Mr W. J. Sim. with him Mr C. W. Purnell, for the Council. , ... , Expert evidence was given by Alfred Augustus Fooks. engineer to the Ashburion County Council, who Baid he had had about, fortv years' experience in work of this class. The Works Committee decided to pnt up light*, but for no specified time. The re.il icason for putting them there was to do awav with the night watchman. 'When the flood was no longer daneerous, there, was £o further need fer lights or for a. night watchman. He had inrp*eted place at night and could see. the fence and y-ostp from the bridge. The far light was showing more light on the fence than the near one. The posts were made of jarrah. He could not have put the fence any nearer the. because in some places there was an overhanging crust of earth If it had been made irregotar it would have created bavs If the fence had not been put up, anyone straying from the road would have gone over a hunk with a drop of six feet. To Mr North: Tho fence was seven feet two inches away from the edge There was no flood water on the road tho day filter ihe flood The obstruction was petting on for a quarter of tho way across tho road. Hendy Veze.v, assistant engineer to the Ashburton Council, said ho decided to remove the lights because there was no tear of anv more floods. His Honour: What would hare happened if there had been no fence on the night of the accident? . . ~ WitnesT: In my opinion, the, gig would have gone over the bank. Proceeding, the witness stated that the point of impact of the gig step and post was not more than two feet from where the eroßion was. The ground there might havo given way, being of loose shingle formation The place was well lighted, and he would say the lights were about two hundred candle-power. REMOVAL OF LIGHTS. Edgar Norman Johnston, traffic inspector for tho Ashburton County Council, said ho discussed the question of removal of, the. lights with Mr Vczey, and they decided to remove them, as there was no more danger of flood The fence could be picked up by the aid of the electric lights, it was a much-used wad. Between ;6 p.m. and 8 p.m. on November 10th there passed sixty motor-cars, three motor-cycles, fortyone" push bicycles, and five traps. .About November Bth, being Carnival Week, there would OTobably have been as much traffic. He inspected the scene of tho accident the morning after it occurred, and inspected the gi<* Tho trace had been pulled asunder at one' of the, buckle holes. Tho leather appeared to bo very perished. Herbert Gcorg Kemp, engineer and secretary of the Aehbmrton Power Board, said, considering tho location of the fence, the lighting' was quite satisfactory; in fact, it was as well lit as any part of the county. John Frisby, dairy' farmer, of Tinwald, also gave evidence. This closed the evidence for the defence. VIEWING THE LOCALITY,

Tho jury le.fi by the midday cxpresß to view tie portion of tho road where the fatality occurred. ■ At the afternoon sitting Mr Sim argued that Tilaintifi should be non-suited. The' Court rose at 5.15 p.m., his Honour stating that he would consider the nonsuit point raised, and announco his decision at 10 15 a.m. to-day. If the nonsuit point i* not upheld-, counsel' will proceed) to address tho jury.

- MAGISTERIAL. SATURDAY. (Before Mr H. Y. Widdowson, S.M.) ' DRUNKENNESS. "I'm a returned soldier —had four brothers killed i» the' war —and the flags flying half-mast upset me a bt. I'm a divorced man, sir." So said William Henry Thomas Flower Ncwell, an iron worker, aged 40 years, -who was charged with druukenucss for the third time in six months. "Convicted and fined £5. in default 14 davs' imprisonment," said the Magistrate. "You're allowed ' seven days in which to pay.'' FIREMAN'S LAPSE. Described as being a fireman in the lonic, Joseph Morgans, aged 40 years, pleaded guilty to a charge of havng been found drunk in Colombo street on Friday, but not guilty to having stolen a pair of boots, valued at 22s Id, the property of Lily Robbinß. Police evidence was to the effect that Morgans had pulled a pair of boots off a rack in the doorway of a boot store. Prisoner said he was drunk, and could not remember anything about boots; but he'swore he was innocent. ■ On the first charge Morgans was fincß 10s, in default 24 hours' imprisonment. His Worship held him guilty of theft, and fined him £5 and costs, in default one month's imprisonment. JUVENILE OFFENDERS 1 . Two lads were jointly charged in the Juvenile Court with having stolen 14a from the till in the shop owned by Doris Yardley and her mother in Colombo street. Mrfi. G. Lockwood, who appeared for one of the delinquents, said the lad had been rather hard to control, but he was now in the Scouts, and was improving. Counsel asked his Worship to extend probation to him. "The boy's father is a waster, and his mother can't control him," said DetectiveSergeant D. Connolly. "Both of the boys have been knocking about together a lot." His Worship believed that the police had correctlv described them in a report when thev said the boys were "two cunning thieves.'' s There was not much between cither of them. Apparently one had engaged the woman in the shop in conversation while the other, robbed the till. The lad, whose father was saad! to be s> waster was committed to the Christchurch Receiving Home, while the other boy was placed on probation for twelvo months, and his parents were ordered to pay back the whole o£ the 14s.