Article image
Article image

The liability of loc;il bodies which evfcct barricades across a highway luulor their control was pointed out by the Chief .lusline in a judgment delivered this morning in an appeal case, Tait v. the Feathorston Road Boufd. The plaintiff had claimed damages from the Board for injury to his bicycle by collision at night with a barricade which the Board had placed across the road to protect travellers from an unsafe bridge. A temporary bridge had been erected on another part of the road, but the barricade was not lighted in any way. The Magistrate had decided that the act compained of was not a negligent act, and that the omission to light was not evidence of negligence. His Honour said he had been informed that the damaged portion of the road had not legally ceased to bo a highway at the time of the accident. It was perhaps not improper for those who had the management of repairing roads to place material on the roads, but in such cases if the material remained on the road on dark nights those responsible for placing it there must provide a light or other means of warning. Whether the defendants were authorised or not to erect the barricade, they were responsible for the consequence if a person using the highway in the excereise of his right of passage met with injury caused by the want of a precaution nocesMiiy for the protection of such a passenger. The decision of the Magistrate ought to have been that the defendants were liable. The case must go back for assessment of damages, and the plaintiff was entitled to costs of the appeal, £10 10s and disbursements. Mr. Gully, for the defendant Board, obtained leave to appeal, Mr. Chapman offering no objection. Mr. J. H. Pope, of the Education' Department, is just completing his annual inspection of the native schools in the North Island. He is now at Hokianga, and will leave there for Wellington this week. The remains of the late Mr. John FynesClinton, who died suddenly on Friday morning last, were interred in Karori Cemetery on Saturday afternoon, the chief mourner being deceased's daughter. Among the wreaths sent was a handsome one from the head office staff of the Lands and Survey' Department, most of whom, with Mr. A. Barron, Assistant Surveyor - General, followed the deceased to the grave, where the Rev. Mr. Harper, of St. Paul's, officiated. The deceased's only' child (Miss Rose Clinton, 16 years of age) will, we understand, shortly proceed to her relatives in England. Messrs. J. D. Mitchell and J. H. Cook were this morning lined 40s each by Mr. Justice Edwards, for non appearance as Special jurymen in the Supreme Court action Atmore v. Kirkcaldie. At Mount Cook Police Court this morning, before Mr. W. Hildreth, J.P., two first offenders were convicted aud discharged for drunkenness. An old offender, Mary Ah Mo 3', was convicted for drunkenness and also discharged in consideration of a promise to return to Greymouth to live with her husband. No creditors attended the meeting summoned for this morning in the bankrupt estate^ of James Gardiner, of Petoue, carpenter. The bankrupt was briefly examined on oath by the Assignee, and the meeting then adjourned sine die. When the man Henry Weaver, who was found prowling round Dr. Faulke's premises the other night, was again brought before the Magistrate's Court this morning his Worship said the accused had been examined by two doctors, one of whom had certified to the man's insanity, while the other said that though not insane he should be kept under observation. The Bench did not know exactly what the latter meant. But to make sure that the prisoner was properly conducting himself, the Court ordered him to report himself frequently to the police, so that the police surgeon could have an opportunity of examining him. Should the surgeon recommend it, Weaver would have to undergo further examination by two medical men on Monday next. A neat tombstone o£ marble has been placed over the grave of the late Mr. T. G. Poutawera, of the Native Department, in the Karori Cemetery. The stone was erected by Mr. Thos. Miller, of Victoriastreet, by instructions of a number of the deceased's Maori and European friends. At St. Thomas's Church last night the Rev. Otho FitzGerald disclaimed aud strongly rebutted the statement made by Ben. Tillett in the Opera House as to the Church of England being the Church of the rich. The township of Hawera contemplates going in for a water and drainage scheme. Mr. L. H. Reynolds, of Dunedin, has submitted a report and estimate to the Borough Council. He recommends the adoption of a water simply scheme at a cost of £22,000 or £25,000, and a drainage scheme which may cost between £4200 and £7100. The sewage would be discharged into the sea by uravitation and by pumping, similar to the scheme in operation in Wellington. The Council has not yet considered the report. Mr. John Murrell, local manager for Messrs. Huddart, Parker & Co., has received a well-earned holiday, and left hy the Monowai for Sydney on Saturday, as did Mr. Charles Hill, the well-known flautist; and Dr. Findlay (of Stout, Findlay & C 0.,) also left for Sydney and Melbourne by the Miowera on general business. He will be absent for about five weeks. The monthly competition by the ladies of the Wellington Golf Club was won at Miramar on Saturday by Miss Duncan* (handicap 10), all square; Miss Brandon (30), 2 down ; Mrs. Turnbull (10), 3 down. Mr. E. C, Turner, in severing his connection with the firm of James Smith aud Co., was by the employes with a travelling bag on the eve of his departure for* Greymouth. Mr. A. P. Smith made the presentation. The fifteenth half-yearly report of the Petone Industrial and Co-operative Society, to be presented at a meeting to be held tomorrow evoning, congratulates members on the continued prosperity of the society. The Pales for the half-year amounted to £2584, being an increase of £533 over those for the corresponding period of last year. The profits, after allowing interest on capital at the rate of 6£ per cent., amount to £293, and with the balance brought forward £308, which it is proposed to dispose of as follows : — Dividends on members' cheques at 2s in the £ and non-members, at Is iv the £ ; 10 per cent, bonus on employes' wages; £25 to reserve fund ; £2 2s to educational fund, a balance of £22 3s being carried forward. The balance-sheet shows the total receipts to have been £3283, and the expenditure £2922, and the assets show a cash balance of £360 over liabilities. One of the items chosen for the operatic concert, at the Opera House next 3mda3 > - night is the trio from Barnett's opera " The Mountain Sylph," entitled "The Magic Wove Scarf," which will be sung by Miss Jeanne Ramsay, Mr. E. J. Hill, and Mr. F. S. Pope. This item is seldom attempted by singers, on account of the difficulty in interpretation which it presents. The performance of " A Dress Rehearsal" at the Sydney-street Schoolroom will take place on Friday evening next. Mr. Maughan Barnett" will give his fourteenth organ recital ia St. John's Church on Thursday evening next. Teeth extraction guaranteed painless by latest process.— The London Dental Company, Mee'a Building, Lambton-quay. — Advt.

This article text was automatically generated and may include errors. View the full page to see article in its original form.
Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/EP18980725.2.44.2

Bibliographic details

Evening Post, Volume LVI, Issue 21, 25 July 1898, Page 5

Word Count
1,228

Page 5 Advertisements Column 2 Evening Post, Volume LVI, Issue 21, 25 July 1898, Page 5

Page 5 Advertisements Column 2 Evening Post, Volume LVI, Issue 21, 25 July 1898, Page 5