SEQUEL TO A HARBOUR COLLISION.

New Zealand Herald, Volume XLIV, Issue 13483, 9 May 1907, Page 6

SEQUEL TO A HARBOUR COLLISION.

A CLAIM FOR DAMAGES.

The case in which Frederick J. Cooper, a chemist, sued Edward Passey Coyle, accountant, for £137 17s 6d, damages to the launch Tawhira, was concluded before Mr. C. C. Kettle, S.M., in the Magistrate's Court yesterday. Mr. M. G. McGregor appeared, for the. plaintiff, and Mr. A.' Hanna for the defendant. . \

Mr! McGregor submitted that the scow Vixen, which collided with the plaintiff's launch Tawhira, was negligently and carelessly handled after it had been launched, and cited cases in port of his argument. He also contended that the. harbour regulations only.applied to vessels engaged in the mercantile trade. For the defence, Mr. Hanna argued that there was knowledge on the part of the, plaintiff's son, who was left in charge of the Tawhira, that the launch of the scow Vixen was about to take place, and that that knowledge should be construed'' to have been sufficient notice that the launch was to take place. Mr. Kettle said that ■ the only.: question upon which he would have to reserve his decision was whether there, was contributory negligence or neglect of duty on the part of the plaintiff's son (who was in charge of the launch), of such a character as to: disentitle the nlaintiff to succeed in this action. On the other questions raised he had not the slightest hesitation or difficulty in deciding them..