RESIDENT MAGISTRATE'S COURT.

Wanganui Herald, Volume XII, Issue 2990, 21 July 1877, Page 2

RESIDENT MAGISTRATE'S COURT.

Friday, July 17th. (Before E. Hardcastle Esq., R.M.)

J. Peat v. the Mayor and Borough Councillors. Claim £23* Mi- F. M. Betts for the plaintiff, Mr Fitzherberfc for defendants. Mr Betfs explained the nature of the caae, which wa3 an action brought for the recovery of damages occaaioned by an accident to the plaintiff, caused by a certain obstruction near the Viginia Lake on the Great North-Western Road^ James Peat, a farmer at Kai livvi, depoged—lu January last I was coming into town in a buggy with two ladies ; on passing a tont that had been erected on the road the horse ran off the road and towards the lake ; my brother, who was riding, jumped off his horse, I jumped out of the trap, and' we together kept tho horse from drawing' the trap into the lake ; the noise of a wheel connected with the pymp'that the tent Jiad been erected to cover frightened' the horse ; the motion of the wheel could be seen through an opening in the tent ; there were two men in the tent working the pump ; the horse was quiet enough ; I have had to get a new horse, buy new harness, and I have suffered serious inconvenience. By Mr Fitzherbert — lhere was aline of formed road on each side of the tent ; the horse went about 60 yards after the accident; the horse was dangerous to ride afier the accident, which I attribute to the accident ] pieces of the tent, were napping in the wind, aud the machinery was plainly visible. A.. ,Giluv>ur, foreman of works to the Curpor.ation^eposed — I had a tent erecttd by the .Virginia lake by my instructions, to cover an air pump ; there was nothing flapping about the tent, and the machinery made very little noise ; the tent was 15 feet from the edge of the metal road. . By Mr Fitzherbert— lt was absolutely necessary to have a pump erected to keep the town supplied with water. D. Peat deposed— l saw the accident ; I was riding and my brother was driving ; I have heard the evidence in the case, and I consider ifc substantially correct; the accident was in no way attributable to negligence on my brother's part, but solely to the structure on the road; in my position as chairman of the County Council I have received many complaints about this tent. MrFitaherbert contended that the defendants were entitled to ask for a nonsuit. This, however, was not allowed, and on the application of Mr Btzherbert an adjournment was granted until the 7th August.