Thursday, 26th May.

Otago Witness, Issue 652, 28 May 1864, Page 16

Thursday, 26th May.

ACCIDENT AT THB XOLYSSVX FBRBT. Morrison t, Thomas and Anothbr.— The plaintiff, Robert Morrison, is a carrier: and the defendants, John Thomas ani John Woods, are lessees of tne Molyneux Ferry. The declaration Btated that, the defendants being lessees of the ferry, the plaintiff committed to their care a' waggon loaded with goods, to be conveyed across the Molyneux ; that it was the duty of ths defendants to have provided proper tackle, &c, and to have used ordinary care in the performance of the work : that they did not provide suitable tackle, ana were so negligent that a rope broke, awl the waggon and its contents were thrown, iuto the river; that the plaintiff, therefore, I claimed £1300 as compensation, and .£9O speoial damages for the loss of freight. The defendants pleaded a general denial. Mr James Smith, with whom was Mi Main, appeared for the plaintiff; and Mr James Prendergast for the defendants. The case for the plaintiff, as regarded the accident, was substantially as follows;— Between, four and five o'clock on the evening of the 28th September, the plaintiff arrived at the ferry with bis loaded waggon drawn by six horses. All bat the shaft horsea were removed, and the waggon was drawn to a point (or landing) indicated by the men in charge of the punt, who were described as John William Peterson, and Bill and Jack. Then the two horses were taken ont, and the six were safely ferried across, the plaintiff and William Aikin, who was driving in company, going over with them. On their return Aikin drew the attention of the plaintiff to the fact that the j rope for lowering the waggon down the 'incline was fastened to the brake-bar and not to the axle rod. The plaintifl went and shifted it, and one of the puntmen said, " That will not do— we could not loose it well, if any strain came upon it." The plaintiff replied, "all right: you'd better make it fast," and the man did so. The plaintiff got on to the waggon to put on the brake but one of the men called out to him to oome down, as they could do very well without the bit ke. The plaintiff complied ; but both he and A fun remarked that they did not think it safe, and bad never before seen a waggon lowered without the brake- being put on« The rope was passed with a couple of turns ! round a post; and the man Jaok had hold of it to ease it off as the waggon went down. The plaintiff, Aikin, Peterson, and Bill went to the shafts which were towards the river j but PeterI son or Bill said that they two were enough there, I and told the plaintiff and Aikin to go to the j wheels to give a start. They did so ; and started the waggon on to the incline, which was described by Aikin as about 45° and 26ft. lony. ; Aa soon as they had done so, the rope snapped about 18 inches ' from the axle-rod, and the waggon dashed down to the tail board of the punt. The punt men got out of the shafto without serious injury. The punt canted over, as the tail board was struck ; bat the waggon moved on until it got upon the punt, which moved a short distance and. then toppled the waggon into the' river. The rope was snbiequentiy examined. It' was about an inch and.a half in diameter, but old and frayed | and there' was evidence that the breakage did not result from any friction upon the axle or brake-bar. Peterson, it 'was alleged . (by the plaintiff and Aikin), remarked that he had been asking for rope 9 for seme time ; i«nd BUI replied, " X know you have." Oa the day after the accident, the waggon and some ' of the goods were fished out of the river ; and a survey and sale by auction were subsequently held. i James and William Owen, carriers, who oroßsed the river during the 28th September, with their waggons, stated, that they remarked to the puntmen, upon the condition of the rope, and Baid that there would be an accident if ths rope was continued in use. There was a great iritisa of very dry evidence, in proof of the value of the goods purchased by different dealers in Queenatown (whither the ! waggon was proceeding) ; of their bting forwarded to.Messra Piqkford and Co. carrier* j of their . being loaded on the plaintiff's waggon > and of taevalueofsnoaofthemaawere recovered from, the river. i Inis concluded the p\aia«fl.'»ce«s.