SUPREME COURT.

Dominion, Volume 2, Issue 451, 9 March 1909, Page 7

SUPREME COURT.

SEQUEL TO A COLLISION. ■ HEAVY CLAIM AGAINST THE CROWN. Argument with regard to questions of law stated prior to the trial of tho action Frank Barton v. the King, was heard by Mr. Justice Dcnniston yesterday. , Mr. Lovi (with him Mr. Neavo) appeared) on behalf of suppliant, and Mr. ii. D. liell, K.C., for tho Crown. Tho suppliant set forth that in March last he was ii) the employ of tho City Corporation, as a motorman. On the 28tli day of that, mouth h'o was the driver of an electric car which was proceeding from Island Bay to the Government station. When opi>osite tho intersection of Courtenoy Place with Tory Street a steam wagon used for the delivery of coal from the Stato depot was allegedly so negligently driven that the car violently collided with it. By reason of tho collision tho front of the car ivas smashed and driven-, against tho body of tho oar, and ho sus-/ taiiied serious injuries consisting of a badly fractured pelvis and nervous shock. His health has become permanently atfected, and ho would be seriously hampered throughout lifo in earning a living for himself, and would, always bo liable to suffer pain and discomfort. Ho was still incapacitated from following his calling of a motorman, and from doing work of any kind to support himself. The business of coal-mining carried on by tho Stato j the sale, supply, and delivery of coal in connection therewith, and the steam wagons used to deliver the coal wero each respectively a public work within tho moaning of tho Crown Suits Act, 1881, nnd the Crown Suits Act, IMS. Suppliant estimated the damages which he had sustained at £1500. Tho questions which came up for consideration wero as follow:—(1) Did tho petition disclose any cause of action or any valid thim or demand under the Crown Suits Act, 1D0S? and (2) was tho damage alleged to hnvo boon suffered by flic suppliant a damage suffered in, upon, or in connection with a. public work as defined in Section 35 of tho . Crown Suits Act, 1908? Mr. Bell snid that it was plain on the face of tho petition that the injury which suppliant sustained was not occasioned in connection with a public work as defined in tho Crown Suits Act. It was not sufficient to find that tho steam lorry was used in con-, noct-ion with tho State coal-inincs. It would liavo to bo found that the lorry was used directly in connection with a public work. He considered that a steam trolly was not a public work within tho definition in the Crown. Suits Act.

Mr. Lcvi, in rrply t submitted that the State, coiil-niino wi;s itsolf a public work H'ilhin tho moaning of tlio- Crown- Suits Act. A public work in tho _ section in question meant to refer to any indußlry or public scrvico which was carried on by tho State, and whicli was outside the ordinary executive and administrative functions of the Government, and which might bo carried on by private enterprise. Hn then contended that a steam wagon was similar to a railway in. that (1) It was a vohiclo for the carriage of goods; (2) that it was moved by mechanical power as opposed to horse or manual power; and (3) that tho motive power, viz., steam, Was the same in both. There was no essential difference between the two, except that olio ran on rails and the other did Dot. As a further argument, ho submitted that tho State coal-mines were worked in connection with tho Government railways. Mr. Xc-ave, who followed on tho samo sido, contended that tho acquisition of coal-raiiice by tho State wns subsidiary to tho working of tlic railways, and therefore was an adjunct) of tho railways and within the definition of public work as used in connection with the. railways. His Honour said ho would take time to oonsider his judgment.

TRAMWAYS IN MIRAMAR. RIGHTS UNDER AN AQREESIENT. ' An originating summons, which bad been, served by the. llirnmar Borough Council on t)io Minister for Public Works, the AttorneyGonnral, and llic Wellington Harbour Hoard, civino before Mr. Justice Domiiston yesterday. Mr. Dovino, with him Mr. Dean, appeared in support of the summons; Mr. AVcaton for Uio Wellington Harbour Boards and Mr. Hell, K.C., for the Attorney-General ami Minister for Public Works, This was n summons under tlio Declaratory Judgments Act, 1008, to detonnino (1) Whether the Mirnninr Horough, in making tramways .is provided for Wider an agreement entered into between it and Uic Wellington Harbour Board, and set out in Ibo tonUi schedule of the Wellington Harbour Hoard Kmpowcring Act (No. 40), 100?, is required to comply with the. terms of tlio Tramways Act, 1908, and (2) if tho first question is answered in tlw affirmative, whether tho Miramar Borough has the right to give a luaw! or license to'use such tramways when, made, lor a. term of 3o yetirs. His Honour, in reserving judgment, bo id (hat it was an _ extraordinary power which tho borough claimed, but it was just iw,*siblo the Louislaturc might have contrived to give it to it.