Pahiatua R.M., Court.

Pahiatua Herald, Volume I, Issue 49, 13 September 1893, Page 2

Pahiatua R.M., Court.

Tuesday, Septen!ber 12th.

(Before Mr T. Hutchison, R.M.)

SMALL I»KBT CCBKH. G. Bottomley v. H. riiouias.—Claim £8 18s 7d. Sir Tosswill for pbimtiff. Judgment for plaintiff yr amount claim d Mkd OMte. Tuckev and Coe v. Kingdon.—-Claim £26 18s 9d. Mr for plaintiff, Mr Smith for defendant. (A set-off of £5 wan put in. This whs a claim for bricks and lime supplied. Considerable evidence was taken as to whether tin- articles were supplied to the order of defendant or to a contractor. Judgment was given for plaintiff for £2l 2s 9d and amount of costs 475.

A. Peterson v. H. Dillon.—Claim £4 4s 6d for wages due. Mr Smith for plaintifl. Judgment for plp.mtiff for 8s and costs. C. \V. Brown v, Niraha Tainaki. Claim £2 4s lOd for goods supplied. Mr Toss will for plaintiff, Mr Smith for defendant. Judgment for plaintiff for £1 9s 8d and costs. \V. Toss will v. W. F. Bowden. —Claim £8 4s Bd. Judgment for plaintiff for amount (claimed and costs. G. H/Smith v. VV. F. Bowden.—Claim £7 10s J Judgment for plaintiff for amount claimud and costs. ( »^L. Gregory v. P. Simpson, claim £ll Jp*<l. Judgment for plaintiff for amount claimed and costs. WIIKKL TIRE CASHS. I’aliiatua County Council v. TV. Mor rison.—Breach of by-law bv driving a 1 vehicle with wheel tires less than tho m width specified by the Council s by-law. g Mr Tosswill for prosecution.

Defendant pleaded that he had only received the summons on the previous afternoon and then it was in an envelope. The R.M. declined to accept the service. He would insist that as far as possible the summonses should l»e served by a constable in an open way. Case was struck out. Same v. Reuben Dyer. Same offence. Defendant pleaded guilty and said the cause of delay was through inability to get tho wheels altered before s certain time. Defendant was fined 2s and counsel’s fee 10s fid.

CLAIM FOR DAMAGES. TV. It. Coe v. Pahiatua County Council. —Claim £Bl for damages sustain* 1 l»v loss of a horse through alleged neglect of Council to clear slips off the Mnkuri Gorge road. Mr Haslett for pi a intiff, Mr Tosswill for defendant Council.

Win. Robert Coe deposed that he claimed the amount for loss of a horse, collar and harness, all his properly. He could have sold the horse repeatedly for £BO, hut would not accept offers made at that sum. The horse was going to Ma kuri to do some sledging. The Makuri road was liable to slips. Was not on the spot when the accident occurred. The horse was a Aery heavy draught. Arthur Turkey deposed that he had in his possession a draught horse belonging to Mr Coe. On August loth he started out to take the horse with two others to Makuri from l'ahiatun. An employe named Lawrence was riding the horse that was killed. In the Gorge near the Makuri end they came on a slip. Witness I had passed the same slip two or three days before but since that time it had become worse. He first became aware of the existence of that slip about the 2nd or flrd of the month and mentioned it to Mr Stewart, the County Council road inspector. on the 9th August. Mr St**wart said the Council only had to keep the road open for horse traffic. A day or two before the 10th witness had got by safely with three pack horses. When he saw tlie slip on the 10th nothing had been done to remove it and it was worse than before. Saw tracks on one side of the slip and knew six packhorses were going through in front of him though he did not see them. He went through the slip on the horse he was leading and drove the led horse before him. When he got through he turned to watch Lawrence and saw him coming through. A piece of tin? road went away under the horse and ho immediately jumped off and sprang towards the horse to try to catch his head. Lawrence scrambled off on to tho road. The horse went down, and witness and Lawrence descended on foot to where the animal was lying, half wav down tho precipice, wedged in mud and slush. It was then getting dark and they saw they could do nothing so they rode to the township for assistance and got ropes, and a number of men came back. When they arrived they found the horse at the bottom, in the river, dead. He understood from Mr Stewart that he had kept the road open for horse traffic.

Witness was cross-examined st some length by Mr Tosswill. James Lawrence gave evidence of a cor roborative character as to the accident and was cross-examined by Mr Tosswill, who elicited the faet that the horse had on a ■addle and bridle, collar and Imsm* and was bearing about half a bag of oats and half a bag of chaff. D. Cockbum gave evidence as to having been aware of the existence ef the slip two days before the accident, and when he went past did not consider it , .wise to ride so got off and walked. At this stage documents were put in showing that until July 80th the road was under the control of the l’ublic Works Department. John Green deposed that he was the roadman employed by the Government and lately by the County Council on tho Makuri Gorge section of the Makuri road. He first saw the slip in the Gorge oil August 4th. He was employed by the County Council on August Ifitli and he knew of no one else having been pre vviously employed there by the Council. To his knowledge no work was done in the Gorge between the 81st July and the 16th August. Win. Boyden. Government Road Overseer. deposed to having seen the slip for the first time on August sth. Cross-examined witness said he con sidered it expedient to get off his horse and walk past. Janus Hall, carrier, gave evidence as to the value of the horse lost. He considered it worth from £BO to £BS. In the defence Mr Tosswill said tlicy relied upon the fact that there was no proof of negligence and that there whs absence of ordinary care on the part of Tuckev and Lawrence-that they wen guilty of contributory negligence. Robert Harry Heaney, Government Engineer, in charge of the road works in this district, gave evidence as to having had charge of the Makuri road on behalf of the Government until the 81st July, on which date he had written to the County Engineer informing him of the withdrawal of the Government maintenance men. He had superintended the making of the road for the Government. By Mr Haslett: If the Council left the road for 16 day without superintendence would consider here was some negligence. De G. Fraser City Engineer, gave evidence as to receipt on August Ist of a letter from Mr Heaney. Between August Ist and 10th there were heavy rains and slips took place on all the roads. Wher ever there were slips they had put on all the men they could get. Did not lu*ar of the slip hi the Makuri Gorge until add

Aufuot lOlh. (Win TjrWa* tvidwfi to hav- •% roDw through the Mukun Gorge on JBUrtm Nth. anl wmnr the nlip there. TVn .% small branch projected aero** the r«\l front the dip. 11m horae »tepp*<l n\ the branch ; hod the animal not been quirt WiiqM hare gut oft and led him. Went by next day, and the path aaa ufr prut tded ordinary rare wa* thf 15th August witness had pit on tlie road. (iAf Stewart, overaeer for the County C *ai«l he luul no recollection of Mr TmkcQ hating reported to hiui any slip* in the .M ik :ri Gorge. G« once Moorv, Count \ Clerk, deposed that before the Mist July lie had never received tnv notification of the Makuri Gorge (raid being handad over to tlxe Council. Heyond the memorandum re reived by Na Fraser the County Council had ivceiv*s» notice from the Government in rwpdtt to this rual. On behalf otVhe I.«nd IVpnrtimmt Mr Kraney «aid th«V had informed him they had informed tbV Council. Tlus rhised the yase. and the counsel then addressed the d'oiirt. The It.M. held Yhat these were the main points:—Whether any County Council would In* liade for any art of non /enutnet. and whetr.ar. supposing they w*r«- liable, they wofild be liable in this rase with reference to the special circumstance* as to the roal bieng vested behind their backs as it were, pnd without actual notice. Taking into consideration the broad question rat*»-d he would reserve judgment, and forward a written judgment to be read by the Clerk that day fortnight.