DISTRICT COURT.

Timaru Herald, Volume L, Issue 4869, 14 June 1890, Page 3

DISTRICT COURT.

1 TlMA.RU— Fbiday, Judb 13. (Beforo His Honour Judge Ward.) His Honour took his Beat at 11.30 a.m. ACTION FOE DAMAGES. Thomas and Margaret Mercer, of Mnkikihi v. tho chairman, the councillors, nnd tho inhabitants of tho Waitnate County — Olaim, £60 damages. Mr O. '£. H. Perry, of Messrs Perry and Perry, for tho plaintiffs, and Mr J. W. White for the defendants. The statomont of claim sot forth that defendants had negligently nnd improperly constructed the bridge crossing over Deep Creek — ono of the county roads. Thau by reason of such nojlcct ilargarot Mercer was injured when driving over tho bridge m a spring cart on the 4th March, 1889, and a horse (the property of T. Morcer) sho was driving wai nlso injured. That the injuries ltnd arisen through ono of the horso's feet going through nmtfen plank m the bridge, the result being that 'he liorao fell and broke hie knees, the joint oil exuding, and that Margaret Mercer WU9 throv.u clear uf the bridge on to tho metalled road, fallincr on the sido of her face and sustaining itj.iries about the face and head, having her wrist badly sprained, and fracturing ono of the small bones of her arm, besides boing very much bruisod and shaken, resulting m internal injuries. For this Margaret Morcer claimed from tho defendants £50 a3 damage?, and Thomas Mercer claimed £10 for injury done to the horso. In the statement of defence, the council admitted that they had tho care of tho bridge m question, but donicd that on the day named it was out of rapair. They further donicd that Margaret Mercer was injured or tho horsn Bhe was driving hurt at tho bridgo on the 41 h March, or that by reason of the corporation's carelessness or improper conduct blio had sustained injuries. Finally the defendants stated that thoy had at all times cirefully and properly constructed, managed, repaired, and maintained the bridge over Deep Croek.ond taken duo, proper, and reasonable precautions to ensure the safety of persons and property crossing over and using it. That if the plaintiff and Mercer's horso had sust lined any injuries whon driving over the bridgo, such injuries had m no way been occasioned or brought about, through or by any neglect or default of the defendants. Mr Perry said that tho facts wore very short. On tho day named Mrs Mercer was driving out from Waimate to the Makikihi m a spring cart drawn by a very quiet horse. Nothing happened until the bridge m question was reached when the horse had hardly stepped on beforo its foot wont through a rotten plank, tho remits being as stated m tlio particulars of olaim. Mrs Mercer. Mr Perry sdded, was greatly shaken and injured by being thrown out, and was immediately attended lo by Mrs Boyco and others living near, and on bring taken home a. medical man was culled m. After the accident Mercer made a claim on the council but they declined to ontortain it. Since then they had put a cow bridgo m place of tho old one. Mr Porry then called the plaintiffs, Dr Nioholls, Mrs Boyoe, D. Jackson, Tbomas Hardy, and W. Miller, m support- of the claim. For tho defendants Mr Whito submitted that there was no case to answer. The counnil had taken reasonable precautions to keep tho bridge m repair, &ud there was no direct evidence to show that the plank m qnostion was rotten. According to tho evidence tho break wag of suoh a nature that no account of previous inspection would hare discovered it. Under the circumstances he contended that tho council could not be held liablo, and bo quoted m support of his contention the case Pasooe v. tho Port Levy Road Board District, 3 N.Z. I/aw Reports. Whatever was the cause of tho accident it was not, Mr Whito submitted, due to act or omission of the council. His Honour being against him, however, he did not argue further; but stated tho evidence he intended to lead. The bridge had been built especially strong, and about two years ago, tho black pine planking bad been replaced by bluegum planking. From time to time an inspection had been made of the bridge, and as late as tho Ist March, a few days before tho accident, ths county overseer had personally thoroughly inspected it. The broken plank had beon sawn off by one of the councils men, and was found to be neither rotten nor decayed. Mr Whito further said that a bridge plank was liable to bo " jsrred," through a very heavy weight going over a piece of road metal or a stone that might bo lying on the neighbouring pUnk. In such a case it was often bard to find tbe weak soot, and yet the plank might give way at any timo. For tho defence ho then called W. J. Black, overseer to the defendant counoil, and F. W. Merchant, and at 6.5 p.m. the court adjourned until 10.30 this morning. Mr White has yet three or four witnesses to call, and a lengthy legal argument is promised.