SUPREME COURT.

Lyttelton Times, Volume LXI, Issue 7229, 1 May 1884, Page 3

SUPREME COURT.

Wednesday, April 30. CIVIL SITTINGS. (Before his Honor Mr Justice Johnston * - and a Special Jury.) The Court re-opened at 11 a.m. FUCHS V. UNION STEAMSHIP COMPANY. In this case Frederick Joseph and Victoria Helen Fuchs were plaintiffs, and the Union Steamship Company of New Zealand defendants. The plaintiffs sought to recover the sum of .£IOOO as damages for injuries sustained by Mrs Fuchs, as alleged, by, the negligence of the Company. The facts of the case are well known as one that has already taken place. In this a verdict was given for the defendants. The plaintiffs, however, applied for a new trial on the ground that the verdict was against the weight of evidence, and that material evidence for the plaintiff had been discovered since the former trial. The motion for a new trial on argument was upheld. Mr Joynt appeared for the plaintiffs ; Mr George Harper, with him Mr H. N. Nalder, for the defendants. Mr Charles Newton was chosen foreman of the special jury. Mr Joynt having opened the case for the plaintiffs, proceeded to call evidence. Victoria Helen Fuchs, one of. the plaintiffs, gave evidence to the same effect as that in the previous trial. Mr Joynt said that it had been agreed between his learned friend and himself that the evidence given by Messrs Delamain and Briggs should be read as taken down by his Honor at the last trial. The reason of this was that Mr Delamain had gone to England since the trial, and Mr Briggs was laid up by illness. The evidence was then read by Mr Joynt, as also an affidavit from Miss Lord, in which that lady stated that she distinctly saw sailors wearing the uniform of the Company opening the gangway as the steamer approached the whai'f at Lyttelton. The following witnesses were then called, and gave evidence similar to that at the last trial, viz.:—Messrs R. Puflett (Manager U.S.S. Co. at Christchurch), C. H. Williams (Secretary Harbour Board), H. Murray (Assistant Town Clerk), B. Falvey. The following new evidence was given:—

James Matthews: Had seen the sailors of the Wakatipu preparing the staging for launching out on the ■wharf 'when the steamer was about ten or twelve feet off. They were also keeping the gangway clear of passengers. They opened the bulwarks when they got the staging up to them. Cross-examined : The staging was not put out a second time before he left for the railway. John Aulsebrook: As the steamer approached the wharf the gangway was got ready by three men in uniform for launching. Did not see the staging brought to the bulwarks. Sailors were amongst the crowd assisting to launch the staging. Joseph Henry. Wagstaff: Saw the rail of the gangway lifted by a sailor wearing the ship's uniform. Did not see the staging put out. Cross-examined: The sailor wore a guernsey. Did not notice any letters on it. Robert Falloon : Had been on the wharf when the steamer came in. Saw some of the sailors puttip g out the staging. They wore the uniform of the ship's sailors. There was a great crowd, but the sailors were amongst them when the staging was first put out on to the wharf. There was a sailor on each side of the gangway at this time. Saw one of the officers trying to get through the crowd to see if the staging was all right. After the gangway was put out, the vessel continued to go ahead.

Cross-examined: The vessel was two or three feet from the wharf when the staging was put out, but he would not be sure. Did not see the staging lifted over a pile head.

At this stage the Court adjourned till 10 a.m. to-morrow (Thursday).