SPECIAL TELEGRAMS.

Evening Star, Issue 7298, 24 August 1887, Page 4

SPECIAL TELEGRAMS.

AUCKLAND. August 23. An instructive dispute will shortly come before the local Courts. It arises out of a peculiar accident which happened to a young man named James Howard, in Queen street, two weeks ago. He was strolling past the premises of Hulmo, butcher, when his hand accidentally struck against a dead fowl exposed on a bench for sale, and it fell on the pavement. Hulme, under a misapprehension, and thinking the man wanted to appropriate the fowl, rushed after him, and, in collaring him, Howard got thrown, falling on thp asphalt pavement on his head with considerable violence. He w r as removed to Dr Tennant’s surgery for medical treatment, when the doctor gaye it as hie opinion that he was suffering from a slight concussion of the brain. Howard was taken home in a cab, but did not recover consciousness, and on Saturday last was committed to the Lunatic Asvlum, His parents intendsueing Hulme foraamages. The defendant alleges that Howard was previously subject to fits. In the District Court to-day Judge Seth Smith gave judgment bearing on the responsibilities of solicitors. The action was at the instance of Mr Bryan Cullety against Mr W. H, Connell, solicitor, claiming LBS for alleged negligence. His Honor said this was a case in whicli the claim was for negligence on the part of a solicitor engaged to draw up a deed. The negligence had been admitted, but au answer has been entered that it took place more than six years ago. The duty of a solicitor was undoubtedly to take reasonable care that a proper deed bad been executed, In the present case the solicitor had failed to do so, and from that moment he wap liable to a claim for such negligence. If any claim had been brought at thetirae, judgmentmighthave been obtained, although the damages might have been small therefrom. There was evidently a period when damages could have b,een proved, although it was not known what was the extent of the damage { but as the action had not been brought until after the expiration of six years, the Statute of Limitations was a bar. The plaintiff would therefore be nonsuited. The Judge declined to allow costs to the defendant.