An Important Decision.

Wanganui Herald, Volume XXIII, Issue 6800, 11 May 1889, Page 2

An Important Decision.

'(From our own Correspondent.)

An important decision as to liabilities of local bodies was given at the District Court at Hawera on Wednesday, when the new trial P. O'Neill v. Patoa County Council was heard. The claim was for £200 damages for loss sustained by an accident to P. O'Noill through riding into a barbodwire fence alongside tho train road at Kakaramoa. Plaintiff claimed £120 damages and £80 special damages. MrT. Hutchison appeared for plaintiff and Mr Barton for defendants. The defonce mainly consisted in donying that the fence was on tho road line, and, if it were, that the couaty was not responsible, inasmuch as contributory negligence on the part of the defendant was proved by his not taking necessary precautions to avoid the danger, &c, &c. After a protracted sitting, His Honor summed up directing the jury to find for the defendants. The following issues were put to the jury : — 1. Was the fence erected by the County Council's authority? — Answer: No. 2. Was tho County Council awaro 'that the fence was erected?— Answer: Yes, 8. Was the fence erected within the boundaries of tho county road? — Answer: No. 4. How far does the fence projectontheroad? — Answer: Not on the road at all. 5. Did the defendant suffer tho f once to remain on the road ? — Answer : No. 6. Supposing tho fence did project on tho road, did tho plaintiff take ordinary cara in avoiding tho fence? — Answer: No. What sum of money would be a reasonable compensation for damages sustained. — Answer: £80. ,