SUPREME COURT.

Press, Volume XLIX, Issue 14832, 25 November 1913, Page 4

SUPREME COURT.

CIVIL SITTINGS. The Civil Sittings of the Supreme Court opened yesterday before Mr Justice Denniston. WHITTA v. GARDINER.

This was a case in which Alfred Virian Whitta claimed from James Gardiner the sum of £553 for injunes. ' made up of £500 general damages and £53 special damages. . ~. Mr T. W. Stringer, X.C, w,ith him Mr C. A. Stringer, appeared for the P Plaintiff, while in the employ of defendant, was kicked by a horse and severely injured. Plaintiff's claim was that the employer knew of the mischievous propensities of the horse, and should not have sent the plaintiff, who was a youth, to attend to it. _ For the defence it was denied that the horse was mischievous. It was also alleged that the caro of the horse came within the defendant's work as a farm labourer. . The case was heard before a jury of twelve, of whom Mr A. Donaldson was chosen foreman. Mr Dougall applied for an adjournment till this morning, on the ground of the absence of a material witness. . .. _ Mr Stringer consented, and lus Honour granted the application. GARDNER v. FLOOD. This was a claim wherein Arthur James Gardner, of Christchurch, gardener, claimed from Patrick Sarsfield Flood, of Christchurch, hotel- j keeper, the sum of £-50 damages for injuries received. Mr Dougall appeared for the plaintiff, and Mr Donnelly for tho defendant. The case for the plaintiff was that through the negligence of tho defendant, the plaintiff fell down an open and unguarded trap-door at the Grosvenor Hotel, and sustained severe injuries. ' For the defence it was alleged that if the plaintiff was injured, tho fall was j occasioned through his own neglect to avoid the trap-door. The case was heard before his Honour and a jury of four. Tho plaintiff, Arthur J. Gardner, gave evidence that on February* 7th last he went to the Grovetibr Hotel in company with his son. His son ordered two small glasses of beer, and he (plaintiff) fell through tho trap-door. He hit his head, and was stunned. He was laid up for some time, just when his busy season was coming on. His average for the whole year was from 233 to 25s per week. He was in bed for four months, and had not been able to go to work since the accident. To Mr Donnelly: Ho was perfectly sober when he went into the bar. He had no drink that day. George Gardner, son of the plaintiff, stated that his father, on entering the bar, went straight across to the corner whero tho lunch was, but fell down the trap door. Dr. W. F. Browne, who attended tho plaintiff after the accident, said that Gardner was bruised about tho body, and was bleeding from one ear. He was fully incapacitated for three or four weeks, and was partially incapacitated for another five or six weeks. When witness mado his last examination, he thought that Gardner had recovered, and, considering his age, was as good a man after the accident as before.

Dr. Pairman, called by Mr Donnelly, said that he had seen the plaintiff after the accident. He examined him. but found no fracture. He considered that plaintiff was under the influence of liquor at the time, and lie suggested to plaintiff's son that he should take out a prohibition order against his father. To Mr Dougall: Plaintiff was in a slightly dazed condition when lie examined him about half an hour after tho accident. Froderick Allen, cabdriver. stated that he was going into the bar when Gardner and 1113 son followed him. The plaintiff walked straight on to the open trap door and fell into the cellar. Ho (witness) did ; not sec the open trap-, door, otherwise, ho would havo warned plaintiff. The counter lunch was in the corner of tho bar near the trap-door. Gardner was quite sober when he entered the bar.

Thomas Samuel Leister, general dealer, gave evidence that he was with the plaintiff during the morning of tho accident. Tho plaintiff had nothing to drink that morning. Tho defendant, who was working in the cellar when the accident happened, gave cvidonco relating to thc affair Gardner did not fall direct to the cellar floor, for he (witness) caught him and broke his fall. After half an hour's retirement the jury awarded tho plaintiff £40. His Honour ontered up judgment accordingly, with costs on the Magistrate's Court's scale. PROBATE.

Probate has been granted by his Honour.-, Mr Justice Donniston, in the following deceased persons' estates :~ Elizabeth Strang Cameron (Mr Johnston), late of Lvttelton, spinster; Sarah Alley (Mr C. E. Salter), lato of Cashmere Hills, widow; John Leo (Mr Johnston), late of Christchurch; Arthur Thompson (Messrs Hehnore and Van Asch), late of Rangiora, news vendor; James William Trounce (Mr Meares); Frances Hornbrook (Messrs Bcswick and Harris), late of Lyttelton, widow; John William Lcifih (Mc.srs T. S. Weston and Son), lato of Christchurch. nurseryman; Thomas Moynihan (Mr M. Hannan) late of Lower Kokatahi, farmer: Eliza Moore (Mr M. Hannan), late of Wnllsend: Charles Jessep (Mr W. H. Walton), Timaru, farmer. Letters of administration were granted in the matter of thq estates of Rebecca Harwood (Messrs Dougall atsd Uphaml, deceased. Margaret Houston (Mr R. Kennedy), lato of Allenton, near Ashburto.i, and Margaret Shr.are£ Cochrane (Mr Hamilton), Waimate^