CLAIM FOR DAMAGES.

Evening Post, Volume LXXVI, Issue 142, 15 December 1908, Page 8

CLAIM FOR DAMAGES.

SEQUEL TO AN ACCIDENT. Further hearing was given by Mr. Justice Chapman to-day to the claim of £1500 by Henry Smith, of Kilbirnie, contractor, against Frederick Gould Sanders and Henry Sanders, trading as Sanders Bros., 33, Ingestre-street, Wellington, contractors. Mr. T. M. Wi lford appeared ior plaintiff, end Mr. C. P. Skerrett, K.C., with him Mr. W. H. D. Bell, for the defendants. According to the casß for plaintiff, • the defendants on 22nd April, 1908, we-re engaged on a contract for tho erection of a brick building in Ballancestreet for the Civil Service Club. The plaintiff carted the bricks to the building. Whilsb unloading his cart at the site of the contract he was struck on the hoad and severely injured by a brick, which by the alleged negligence of the defendants or their servants wns> permitted to fall from the building. One medical witness deposed that plaintiff was suifering from traumatic neurasthenia, and two of them were agreed that it would be a year or more before he was well. After The Post went to press yesterday evidenoe was also given by Joseph 11. Davidson (clerk of Works for tlie Civil Service Club building), Samuel Laury (foreman bricklayer at the Public Trust building), Wm. W'Keon (acting foreman for Sanders Bros.), Henry Sanders (one of tho defendants), and Wm. M'Kaskill (labourer). This morning Emily Jane Smith, wife of plaintiff, stated that her husband had not been able to work eince the accident. Defendants had called at her house and expressed sorrow for the unfortunate occurrence and had made an offer to pay £60. Prior to the accident plaintiff had been in regular work. Evidence for the defence was given by Dr. Wallace M'Kenzie, who deposed that he was unable to find any trace of disease in the eye or any sign of intercranial trouble. Generally speaking, had there been any intercranial trouble, k would have been localised by this time. Witness did not think that plaintiff was suffering from traumatic neurasthenia. In answer to Mr. Wilford, witness stated he would not deny that plaintiff might suffer giddiness ■when stooping down. (Left sitting.)

A claim of £11 14s for work done by Watson and James against Thomas M'Carthy was decided by the reserved ■judgment of Mr. Riddell, S.M., this morning. His Worship decided that the defendant must pay the amount claimed, although he might have a counter-claim against the plaintiffs for loss sustained in the fencing contract carried out by them. Judgment was given for the amount claimed, with £1 court costs and £1 6s solicitor's fee. Mr. Jackson appeared for the plaintiffs, Mr. Neave for the defendant. Messr3. T. Kennedy Macdonald, Ltd., insert particulars in our auction columns of the following sales in their rooms tomorrow: — The contents of a six-roomed house, on account of Mrs. Ford ; a sale of household furniture ; a sale of oak furniture, also of 80 rolls of linoleum, five carpet squares, etc., by order of the holder of the bill of ladinj? ; and two all-brasß Italian bedsteads. On Thursday the firm will sell at 11 o'clock at Lysaght's Store, Ballance-street, 800 sheets of iron, otc, ftnd at 2 o'clock a sale of household furniture will be held at No 62, Murphy-street. Arrangemects have been made for a late car from town to Seatoun, to run on Wednesdays and Saturdays. The car will leave the Government Station at 10.56 p.m. Messrs. A. L. Wilson advertise particulars of a sale of furniture they aro holding in their rooms, 26, Brandon-street, tomorrow, commencinß at 1.30. Nearly 400 lots will hs disposed of, J