THE OVERSET TOMBSTONES

Evening Star, Issue 15817, 31 May 1915, Page 6

THE OVERSET TOMBSTONES

BINCTTAM v. NEW ZEALAND EXPRESS COMPANY. Mr Justice Sim sat this morninu' in hear argument in the case of If. S. Bin::ham and Co. v. the New Zealand Express Company, a claim of £203 for damMr John MaoGivL'ur snr.iniu.ed that negligence on the part of die carter was not. proved : secondly, that an extend agency, the obstruction that laid on the ground, was the real and immediate cause of the. accident. J[ the carter made: a mistake at .ill. it must be regarded merrlv as an error of judgment. " The carter Inm--clf said that the. horse was easier to handle by bis being in the cart. It was not for the defendant to prove that tlii- obstruction was the cause. It. «nf. hVed if the evidence left the Court unable to say that the obstruction was not the cause. ]!nt ho fMr John MaoCrecon submitted that it had been proved affirmatively that the obstruction was the ~; lnse . Mr W. C. MaeUregor. for the nhiintifts, contended that on the evidence it was clear that the cause of th<- ace-dent-was the negligence of the defendant 'company s carter in backing his horse whiht standing on the dray. The suggestion made as to the piece of timber was not pleaded. Eviclentlv it. was an afterthought. Besides, 'it was the dutv of tne carter to have seen and removed any such obstruction. As to damages, he submitted that the measure of dama"e= adopted by Bingham and Co. was a reasonable and fair one. and it had not been objected to by the Express f'omnanv until the end of the trial. ' " His Honor reserved judgment.