A ROSENEATH INCIDENT.

Evening Post, Volume LXXXII, Issue 50, 28 August 1911, Page 8

A ROSENEATH INCIDENT.

The leg£ • aspect of an accident at Boseneath was argued in the Supreme Court today while the facts were put to a jury of twelve. Mr. Justice «im. presided. The parties were Charles Bruce John Midlane, a minor, per Charles Thomas Midlaae, furniture manufacturer, guardian ad litem, plaintiff, and Thomas Highet, of Roseneath, aaid the City Corporation, defendants. .■^'r Ft * G ' Bdton appeared for plaintiff Mr. J. O'Shea for the City Council, and Mr. E. K. KirkcaJdie for Highet. On 14th December, 1910, plaintiff, according to the statement of claim, while Ott GrAfton-road, Hoeeneath, fell through m opening on the road caused by the alteration of the alignment, and the removal by defendants, jointly oi- by Highet, with the consent and knowledge of the council, of a portion of the fence erected on the eastern side of the road, or the substitution of an insecure baoTier or gate, aad plaintiff fell to the foot of an excavation. He was seriously injured, and is etill suffering by reafic-n of the injuries. Medical and other expensea had also been incurred. The corporation, for some time prior to the date of the occurrence, neglected, plaintiff alleged, to maintain a fence erected on the road in a proper state of repair, whereby a nuisance was created. Plaintiff claimed £600 from defendants jointly and alternatively. £or the defence, it was" set ©ut tha.t the Corporation did not by itself or with Highet make any alteration in the alignment or remove any portion of the fence, and Highet was given no authority to do co. If any barrier was removed, a. proper protection was substituted. NegEgence was also denied, and also the statement that any nuisance was created. Plaintiif was not legally on Grafton-road, which wae not a public highway, as stated by plaintiff. There were nineteen causes of action in the statement of claim, and Mr. O'Shea suggested that the English procedure should be adopted and the claim read to the jury, Hib Honouri It would only bewilder the jury. It is a most extraordinary production. There was no necessity for such a lengthy document, and if the statement of claim had been brought before me, I should have struck it out as an abuse of the procedure of the Court. There was no necessity to ring the changes nineteen times. A little later his Honour said / the whole of the facts could have beeii set out in a single sheet of 'foolscap, and remarked that the present document wa6 an example of "perverted ingenuity." Mr, Bolton explained that he had tried to simplify the case for the jury. He thought it advisable to show all th,e different grounds of act-on. Evidence was called <o the effect that on the 14th December, 1910, Charles ■Bruce John Midland, who is a lad six years of age, was riding a tricycle down Grafbon-road, tloseneath, wheu the marhine took charge of him, with the result that the boy and tricycle were carried through an opening in the fence and ovor an embankment aboul 18ft high. The boy fell on to a concrete wall on the defendant, > Highet'g, property, afid was very seriously injured. His skull av%s fractured ia tlrf^e plaoez, tad ther« were otlier_ injuries, including facial paralysis' and impaired eyesight. He was uncon■scioiJS for four day.=, and, in addition to receiving frequent visits from Dr. Elliott, had to be attended by a trained mirse. He was still suffering from the effect of the injuries, and it was in respect to them that the plaintiff (by his guardian) (H/Uf'sTf. to recovei' damages from the defendants. (Proceeding.)

■ AND CONSEQUENT LITIGATION,

Mr. IT. J. Peacock*, who has contracted to supply 600.000 ft of white pine timber from his Waihora sawmills for butter bojtes for a firm in Australia, has been advised that the scows Curlew and Hnwk will arrive in Oisborne about the end of this week, and the first shipment of 200.000 ft will bo forwarded by these boats. The Navy League (Mr. Cecil Palittef lotal secretary) has congratulated the Prime Minister, Sir Joseph Ward, Bart. , and Lady Ward upon their safe return to New Zealand, and also upon the honour conferred upon Sir Joseph by tho King." which is to be regarded as a compliment to New Zealand "is mpII arf n recognition of the Primr Minister^ Eta.t£siiaanslijp iv rejipecl/ to imEmai TJnifey. ' " j