RESIDENT MAGISTRATE'S COURT. THIS DAY.

Poverty Bay Herald, Volume X, Issue 2028, 18 September 1883, Page 2

RESIDENT MAGISTRATE'S COURT. THIS DAY.

[Before Jame.i Booth, Esq., ,;)£.. M.J E. C. Bolton v. C. R. Boltox. — Claim, L 5, for money lout. — Mr. Shera appeared for plaiutiff. — Mr. Greenwood stated lie had received a notice from the defendant from Christchurch, which stated he did not owe the amount, nor did he know the plaintiff. — The plaintiff deposed he had lent the mouey to defendant, who was his brother, in October, 1881, the receipt of which ho acknowledged. The defendant had promised on two or three occasions to repay the amount. — Judgment for the amount with coats, Bs. Nicholas & Co. v. Powara. — Claim, L 5 14s Sd, for goods supplied. Mr. Keuny tor plaintiffs. No appearance of defendant. Judgment for amount with costs, LI 12s. — Same v. Hepera Nui, judgment aummoiiH. Defendant said he had no money to pay the summons with. Mr. Rees made a guarantee to pay the amount in three mouths, which the plaintiffs refused to take. Aftor hearing the evidence of the defendant, his Worship would not make an order. Davis v. Davkrsey. — Claim, L 3 10s, for goods supplied. Judgment for the amount. Costs, 10s. Mrs. Clakkk v. The U.S.S. Company. — The evidence for the plaintiff was taken in tli is case ; Mr. Whitcombo for plaintiff, ami .Mr. DeLautour for defendants. This was a claim for £100 for personal damages through the defendants' negligence as common carriers. — Mrs. Eleanor Clarke deposed : She remembered tho Kith July. She was a passnge: on board tho Maiapouri. The accident was caused by Mr. C. DeTiery pulling her from the steamer ou to the Noko. She was standing on the stage of the gangway, when DeTiery took hold of her by the left hand. One of the officers assisted her down the gaugway. The officer had not hold of her when DeTiery took hold of her ; he had let go. j She had been to the Hot Springs, suffering from rheumatism. She waa not active on account of such., The officer was aware of that, as she had told him of it. DoTiery was standing on the deck of the Noko when he took hold of her. The Noko was moving with the swell. The gangway was near the Noko when she rose with the swell. When she stepped on tho Noko, the steamer was just moving away. DeTiery took her by the left hand, and was about to take her by the waist. He did not speak. Captain Konnedy was standing on her right hand, close to her. Kennedy did not touch her until she fell. She fell because the Noko parted from the steamer, and DeTiery baying hold of her only by the hand, had to pull her. If he had let go hor hand and left her on the landing it would have been all right. She could scarcely say who picked h,er i\p after she fell. She thought Captain Kennedy and two other gentlemen did so, She could not remember if Kennedy eahl anything to her. Mr, C. D. .Berry and others brought hor off the launch. She noticed lady passengers going dowu the gangway, and she believed they were accompanied by the same officer. She could not say by whom they were received on the Noko. She told the officer to be careful as she was suffering from rheumatism. r .yh,<i chief •fficer told him to be careiij. They did not offer to send, hfiv- down in a chair. She was perffccsly certain the officer let her go before Do 'fiery caught hold of her. — Alfred J. Leggatt deposed : He was a duly qualified medical practitioner. He was called in to see Mrs Clarke in JJujly last. He found the small bone pj[ the. left leg broken. He was ufci'ta,W, knowing Mrs. Clarke'*; l^eatth,, that ahe must have fell heavily. — David Murchie deposed : He was on board the s.s. Manapouri in July last. Mrs Clarke told hini of her accident. Ho did not see the accident, uor could he say who was taking her dow^ I,he, gangway. He saw her walking 00, th,o. steamer.— To Mr. DeLa,uto.ur : She wap walkuig without assistance very slowly.— Charles Edrapnds deposed : He was the agen,t o$ th,e> TJ.S.S. Company at Giubpr^o. Jfte was unable to say what was tfh,o, custom of the Company in landing invalid passengers, He never had aoted in a roadstead before. Kennedy was a servant of the Company.— This concluded the plaintiff's case.— His Worship gave judgment for plaintiff for £40 ; costs,, £8 Is.