AUCKLAND SUPREME COURT.

New Zealand Herald, Volume XLV, Issue 13927, 8 December 1908, Page 7

AUCKLAND SUPREME COURT.

, — * - wA |RUNA-MOONAH COLLISION ACTION FOR DAMAGES. •The hearing of a claim for £1946 6s 2d A mazes made by the Northern Coal Com„aDy against the Union Steam Ship Com- *" nV was commenced at the Supreme Court yesterday, before Mr. Justice Edwards nd a special jury. At the last ivil sittings, it will be remembered, the i 'nrv failed to come to an agreement in - the matter. The claim arises out of the ' collision in the Auckland Harbour on , March 10 about 10.30 p.m. between the i defendant company's steamer Wairuna, of '! 4000 tons grow register, and the plaintiff ' •company' 6 ketch Moonah, of 88 tons, ; trough " negligent and improper navigaI ; on on the part of defendant company's ' j-jvants." Defendants practically only ' admitted the formal proof and ownership, and in the statement of defence alleged 1 tiat the accident was caused by plaintiffs' i -pants' own negligence and carelessness, ' -t The amounts paid out by plaintiff comipany in connection with the raising of I the ketch were as follows:—For labour, I j 5 j re) e * c -> in raising operations, £777 Is iy. for repairs, etc., £1062 ss; for 'ioss '! through the ketcli being out of commisi sion for four months. £106 19s 9d. ! : Mr. T. Cotter (instructed by "Mr. M. i G. McGregor) appeared for plaintiffs, and - ! Mr. J. R. Reed (instructed by Mr. A. ! Banna) for defendants. I?. Captain Joseph Sylvera, who was in ~! charge of the ketch at the time of the 1 accident, was the first witness called, 1 and described the voyage from Ngunguru Jto Auckland on March 10 as at the ~ ' previous hearing. He had been trading . i in and out of the harbour, he said, for " ]340r 35 years, and during that time he ] had a "dean sheet." When he entered j the harbour the ketch's lights were burn- > ing brightly, and he was at the wheel, ; jHe was steering for Stanley Point, think- ] ing that he was to discharge his cargo of ? i coal in the hulk at Stanley Bay. When t abreast of the Victoria Wharf he saw the !. lights of a vessel coming across the har- : I hour, astern of the cable steamer Iris. ' ! He continued his course on a starboard i tack, and he expected the steamer to go -f to starboard. The steamer came towards -■! him, and he threw his ship up to the ' j wind to try and avoid a collision. If he (had not done so the ketch would have been struck for'ard with more "serious re- -; i suits. In any case, the collision was inevitable. Just before he put his helm i"v- ';■ down the steamer sounded one short blast .'■of her whistle, and he "lost" her red *•; light. Almost at once they were run t down amidships, the steamer going clean "y over the ketch. He judged the steamer ; v ;! was travelling at least six or seven miles . s an hour at the time. By Mr. Reed: He had never been in . a collision before, though once the Clansman had to stop near Point Rodney to ' avoid disaster. The steamer was coming "behind him on that occasion, and was in danger of running him down. It was not true that there had ever been any danger ';-''* of a collision with the same vessel "off North Head when they were approaching •eachother. When he brought the Moonah op to the \wind the Wairuna was only about three of the ketch's length distant. ' Witness was questioned at considerable ' . length whether the donkey-engine and , boiler on the ketch obstructed his view, • and maintained that this did not inter- ■-■"• fere with his lookout at all. The boiler \ j was 7ft 9in high, but was fully 40ft dis--I§] tant from his position at the wheel. |■;•'; William George Krause, an A.8., gave gp evidence corroborative of the captain's m . story.. He said in addition that the course 111 taken by the Wairuna the night of the jgj collision was not the usual course. As Its rale, steamers kept more to the south [ side of the harbour, , except in the case f{ of vessels coming from Calliope Dock or the Sugar Works. He had never seen a • steamer "leave the wharf and come so | far to the north side. He heard no whistle %• J from the steamer until she was within •';;;; 200 yds. Nothing could have been- done ■ '. with the Moonah to avoid the collision. , .j. . The case was further adjourned until > 10 o'clock this morning. -I " ——-—- - : . .■.I;V - ■ TRANSACTION IN LAND. i • "The hearing of the claim for £100 dam- .; ages in respect of certain land transactions by Gordon Agnew, a Tairua settler, from John Sch'ischka, of Auckland, merchant, and George Morrison, of Tairua, was resumed, and the evidence of dedefendant Morrison concluded. Plaintiff also asked for an injunction for restraint of sale, or in the alternative for £550 damages. Mr. Burton appeared for plaintiff and Mr. Earl for defendants, being instructed by Mr. Armstrong in the case . of Schischka. -In his cross-examination Morrison said . ._, that of late matters were not " very glowing" at Tairua, the mining being in a depressed state, and business generally very dull. The £100 paid for the property represented its full value. - Mr. Burton, on behalf of a gentleman g-Vwho rents the land and the. store erected : .. upon it," offered witness £300 for the pro- , perty. ' v . Morrison, however, declined to give an "answer off-hand, and asked counsel for "Ihree days to consider the matter and consult his wife. ' The case was adjourned sine die. i •"■