SUPREME COURT.-CIVIL SITTINGS.

Daily Telegraph (Napier), Issue 3857, 27 November 1883, Page 3

SUPREME COURT.-CIVIL SITTINGS.

Tins Day

(Before His Honor tho Chief Justice.) His Honor took his seat at 10 a.m. NORTHERN INVESTMENT CO. V. SMITH AND AVALKER. This Avas an action brought to recover tho balance of certain securities on mortgage of stock and avool lions advanced by the plaintiffs to defendants. Mr J. A. Fryer Avas foreman of tho jury. Mr Cotterill for plaintifls. The defendants did not appear. Edwin Bamford, Registrar of Deeds, deposed that ho had formerly been Registrar of Deeds at Noav Plymouth. When there he Avas acquainted with William Halso, solicitor, since dead. Tho Avitness's signature to the mortgage of stock produced Avas in Mr Halso's handwriting.

John William Begg, articled clerk to Messrs Carlile and McLean, deposed to having witnessed the signatures of the defendants to the wool lien produced on tho 10th October, 1881. Patrick Stirling McLean, manager of the Northern Investment Company of New Zealand (limited), stated that the signatures to the mortgage of stock Avere those of the defendants. Default in payment was made by the defendants in lieu of money under the securities of both avool lien and mortgage of stock. ' Under the avool lien Avitness made written demand in terms of the lien; he also made personal demand upon the defendant Walker. He had since had communications from defendants asking for time to pay the amount mentioned in the accounts. Walker admitted the balance sued for to be correct. He also admitted having received the notice for payment under the mortgage of stock. Nothing was paid by defendants after the demands Avere sent. Both demands wore sent on 31st March, 18S2. Tho company entered into possession in May, 1882, as it was necessary to carry on the station over the winter. The stock Avas realised in Dccembor. Tho particulars furnished wero correct: they shoAved a balance due to th? company on tho 31st August, 1883, of £757 10s lOd, with interest up to date of £18 ss. HisHonorsummedup, and the jury retired. Aftor a brief interval they returned Avith a verdict for plaintiff for £757 10s lOd, interest £18 10s, and costs £58 Bis 9d. -KLLOWES V. HAMILTON. This Avas an action for £300 damages for alleged wrong treatment of a broken limb. Mr McLean for tho plaintiff; Mr Lascelles for defendant. A jury of four were sworn (Mr Spratt foromaii), the remainder having been challenged. Mr McLean opened the case, and called Mary FelloAves, who stated that sho was 24 years of age in May last. She arrived in the colony on the 25th September, 1881. Sho came out with Mr Nelson's family. Her position was that of head

nurse, and she received .£25 a year, mcludi ing board and lodging She had an accident on the 25th March. She had been scrubbing a verandah, and jumped from the verandah about 3 feet G inches. The boards being wet caused her to slip, and in doing so she broke her leg.* She remembered nothing more after that till .she found herself laid on a bed. Dr. Hamilton attended her about an hour after tho accident occurred. She had no recollection of what Dr. Hamilton did to her leg, as she was unconscious. She found, on coming to herself, that her leg had been bandaged, and that Dr. Hamilton was still in the room. He then ordered brandy and water to be given to her. Tho splints wore put on the same day. The carpenters at Mr Nelson's made the splints. Sho saw Dr. Hamilton again next day. Ho put some lotion on her leg to allay the inflammation, and kept her on low'diot for about a month. Ho took oli the splints and bandages six weeks after setting the leg. She was moved about once a fnrt-niii-lit for the purpose of her bed being made. ' She told Dr. Hamilton when the splints when taken off that her log was not straight. Dr. Hamilton said that the leg which ho set was a little shorter than the other. Ho then pulled her foot, and she felt the bone snap, which caused her great suffering. She was in great pain, and was always complaining to Dr. Hamilton about it. It was three weeks after the accident that the pulling took place. She fult the snap of the leg near where the original break had been. Sho was in lied eight weeks altogether. Mrs Nelson and witness's" sister attended on her, also a lady who had gone to England. After Dr. Hamillon pulled her leg, on his next visit he said the knee did not point in the direction he wished it to point, and he told her to raise herself on her right side so as to make the knee point in the way lie wished. She .suffered so much from lying on her side that she told thcdoi-forshe could not bear it. He kept her on her side for about three weeks. When Dr. Hamilton took off the splints and tho wet bandages, he put on starch bandages. Ho then said sho might sit up for a time, but she was so weak she could not do so. She remained in bed for two weeks longer, when the doctor said she must havo crutches made. Sho never used the crutches except in presence of the doctor. The day she got up her leg began to swell very much towards tho evening. Dr. Hamilton was sent for. He said .she was very weak, and ordered her better nourishment. She afterwards got quite strong, but her leg caused her great pain, and she was forced to rest it as much as possible. Mrs Nelson complained to the doctor about the length of time before she was able to use the crutches. He gave uo reason why she should be so long bad. When she complained to the doctor that her leg was not straight he said it was swollen on one side aud looked like a bend. Her leg still swelled when she tried to walk on it for any distance. It was still bent. Dr. Hamilton gave her some medicine to reduce the swelling, which did reduce it. The doctor attended her for three months altogether. When he ceased to visit her, her leg looked exactly as it did when the starch bandage was put on. She hud not put her foot to tbe ground through pain and weakness of the log. Sho complained to him of the pain she suffered when she tried to walk. She saw Dr. Hamilton twice after ho ceased to visit her, at his own house at Hastings. The first time was probably six months after he left her. Sho told him sho had not been able to walk about except very little, and then with considerable pain. Ho said she would lose the pain when her log got stronger. She complained to him that when sho ran her fingers down her leg and also when she walked, she felt something move. Ho said an abscess had formed through congealed blood by the side of the fracture, and he would give her iodine to rub on it, and ointment for the abscess. Nothing had happened to tho leg between the time of his censing to visit her and the time of her calling on him, but tho pain was still the same. The more she tried to walk the worse it got. She saw Dr. Hamilton the second time before sho went to the hospital, and complained that she had a pain in her hip when she walked. When ho examined her after that he laughed aud said, " Ha, ha ! you have got odd legs, and no mistake." She saw Dr Hamilton no more after that. Mrs Nelson then took her to tho hospital, and sho was an outdoor patient for six weeks, being conveyed there by train and buggy. Sho afterwards went as an indoor patient on Dr Menzies advice. She was there ten days, but nothing had been done then. Several doctors came to look at her leg, and an operation was performed upon it on the 12th May last. Sho had then been suffering for one year. Sho believed Dr Spencer performed tho operation. Her leg was much stronger since the operation, and sho could now put it to the ground, aud stamp with it. She could not do this before tho operation. Tho pain in her hip had also left her. The result of the accident was that she had not been able to do anything since the accident took place, except sonic needle-work during the last three weeks. She could not do house work, and had only earned £1 10s Gd since the accident. Her health before the accident was very good. She never before had any pain in her hip, nor any members of her family. She saw Dr. Hamilton since tho present action was raised. Drs. Faulknor, Reed, and Todd were with him at tho time. They made an examination of her leg, and Dr. Hamilton said there was softening of the bone. Sho was laid down upon a couch, and the doctors slapped tho sole of her foot, butitgaveher no pain. Dr.

Hamilton then said she must have hip disease, and he Avould have her hip examined by tho other doctors. They said they found no hip disease. Dr. Hamilton then Avantcd her spine examined, but they said her spine Avas all right. He then spoke about her lungs, but the other doctors said there Avas Avas no disease of the lungs. Dr. Hamilton after that said she must have swelling of the neck, but they found nothing the matter with it.

By Mr Lascelles: She said nothing about tho leg not being straight till the bandages Avero taken off. The bandages avcio not removed when Dr. Hamilton said one leg Avas shorter than tho other. Ho came frequently at first, but she never told him her leg was getting better. During the six months before she again called on the doctor she Avas doing a little needlework, dusting silver, and other light work. She did not during that time consult any other medical man. She suffered from the pain in her hip all that time. It Avas only Avhen sho began to'Avalk sho got the pain in her hip ; Avhen she rested it left her. Sho had never put her foot down to walk during the three months Dr. Hamilton Avas attending her. The reason she did not consult the doctor about the pain in her hip was she thought she Avould get stronger. Sho continued at Nelson's all the time till she Avent to the hospital. Dr. Hamilton nei-er told her she had any other unfavourable symptoms whilst attending her. When the doctor left her the leg Avas very much savoUch, and her foot turned in. Ho told her that the joints Avere stiff, but they Avould get all right in time. She had frequently told jjcople that her leg Avas not set properly, as she felt a hard lump on the side of her leg for six months. She did not notice the lump till Dr. Hamilton had left her. Dr. Menzics attended her Avhilo she Avas an out-door patient at tbe hospital. She Avent to tho hospital about once a fortnight. (Left sitting).