RKSIDKNT MAGISTRATE'S COURT. THIS DAY.

Poverty Bay Herald, Volume X, Issue 2027, 17 September 1883, Page 2

RKSIDKNT MAGISTRATE'S COURT. THIS DAY.

[Before Jaaces Booth, Esq., X.M.]

Mrs. Clarke v. the Union s.s. ComrANY.—Claim, £100.— Mr. Turton for the plaintiff, and Mr. DeLautour for the defendants. — The plaintiff set forth as follows : — That the defendants were carriers of passengers upon a steamer or vessel known as the Manapouri, from Auckland to Gisborne, for reward to the defendants, and she, tho plaintiff, became and was received by the defendants as a passenger to be by them safely and securely carried to and lauded at Gisburne, but the defendants negligently and unskilfully conducted themselves in that behalf, and the plaintiff was in consequence injured by haviug her leg broken. — V. C. Nightingale deposed he was fourth officer of the Manapouri, and was on duty when the passengers wero being traushipped. He was standing at tho top of the gangway ladder. There was very little swell on at the time. Ihe carpenter of the Manapouri was oa the bottom of the ladder. He assisted, and went down the ladder with Mrs. Clarke, and was witli her on the platform of the ladder. Mr. Kennedy and two others were on the tender Noko. Kennedy caught hold of Mrs. Clarke before he let go ; he believed the other two had hold of her also. Some one, he thought, said ' ' let go." He did so. The distance waa about eighteen or nineteen inohes between the tender and the platform. He took particular care of Mrs. Clarke, as ho had heard she was crippled in her legs. — To Mr. Turton : Mrs. Clarke had called his attention to the fact that she was weak in her legs. Coming down the ladder, he was in front of her, holding her hands. Kennedy was there to receive Mrs. Clarke, and he had got hold of her before he (witness) let go. There was very little swell on at the time. Mrs. Clarke laiulel on her feet just the same as any other ordinary person. He heard her cry out, and begin to cry. She used to limp about by herself on board the steamer. — The above evidence was corroborated by the carpenter, Charles Stewart, who was at the foot of the platform when Mrs. Clarke was put on board the Noko, as also by Captain T. Logan, who saw the transhipment of Mrs. Clarke. — [The above is an abstract of evidence taken this morning, prior to the departure of the s.s. Manapouri for Auckland.]