RESIDENT MAGISTRATE'S COURT.

Evening Star, Volume VIII, Issue 2171, 22 April 1870, Page 2

RESIDENT MAGISTRATE'S COURT.

Tins Day. (Before A.C. Strode, Esq., R.M.) I Civil Cases. Brown v. Harrow. —In this case which was heard a week ago, judgment was given in favor of the plaintiff. The Provincial Treasurer, v, Robertson This was a claim for the balance of promissory notes given in payment for the passage of himself and family L 75. The Provincial Solicitor'appeared for the plaintiff. Judgment for the plaintiff. Gibbs and Clayton v. W. Macfarlaue. — L2G Ss for the amount of a dishonored bill and interest. Mr for the p'aintiff. The debt was admitted by letter. Judgment for the plaintiff for the amount. H. S. Fisli v. Richard Alien. Mr Bathgate for the plaintiff. Mr Haggitt for the defendant. Mr Haggitt produced a letter stating that the defendant was seriously ill. Mr Bathgate objected to the postponement on the ground that he did not believe the statement. It was ultimately arranged to postpone the hearing to Friday, 20th May, on payment of counsel and expenses of witnesses. Robertson and Goldie v. W. Isbister.— A claim for L 42 for three years' rent of a section of ground. Mr Stewart for the defendant admitted the lease. Mr Kenyon appeared for the plaintiffs. The defsnee was (•hat 'the lease had bseu mftrtgagpd'tp ths Commercial Bank, which had sold it tq Mr M'Kinnon. In evidence it was stated}, that no part of the rent had been paid by M'Kinnon to the lessors who held Isbister. liable. Judgment for the plaintiffs for the amount claimed. Michael and Dinah Murphy v. Fuller.— Mr jor the'plaintiff. Mr Howortb, objected to proceeding with the case, as he applied for items in the claim which had

never been furnished. Mr Kenyon said it ■was not necessary, as the whole of the claim was based upon special agreements. The case was postponed to Wednesday by consent. J. M. Smith v. Gourlay.— This was an action [brought to recover the sum of L4O, for damage done to a coach and horses, through the negligent driving of the defendant's servant at Mosgiel bridge, on the 23rd March, by which the horses were thrown down and injured, and the coach damaged • Mr Barton, for Mr M'Keay, the plaintiff; Mr Stewart for the defendant. Mr Barton having stated the plaintiff's case, and called the following evidence :—James Catrill was at the races on the 23rd March, and went and returned by defendant's trap, which left the race course about 5 o'clock. He saw the plaintiff on the course and afterwards on the road driving four horses attached to his coach. Gourlay's coach was driven by a man named George, a servant of MrGourlay's. He handed him a letter from Mr M'Keay, as his clerk, and asked him if he knew the nature of its contents. He replied he knew nothing of it except what "George," his man, told him. There were eight or more passengers iu the coach. Witness was inside the coach. The defendant's coach passed several conveyances on the road. He saw plaintiff's coach ahead before the accident—about five or ten minutes before. When the accident took place he saw Smith's coach go over—a horse clung to the bridge, and George drove on. He was sitting on the off side. He could not say whether the accident took place at the bridge or not, for he was astonished and confused. He called out—"For God's sake stop—they are all killed." Some of the passengers said, "Drive on—they can but die once." They drove on to Mosgiel Hotel, where they got some news. He had measured the width of the bridge last Monday, which, in the middle, was 14ft Its length was 54ft 6in. The depth of water might be seven feet in the middle of the stream, but it was shallow where the accident took place, fn cross-examination the witness said George talked of applying to Mr M'Keay, but as Smith had applied to him, he told, him he must get somebody else. George Foster came up to Smith's coach. The wheels, pr something, came in contaot, anc} what he saw was Smith's coach going over. J. M. Smith, coach proprietor of Waikouaiti, was driving his own coach returning from the races, with about fourteen passengers. Going along he was keeping his place in line with other conveyances, not trying to pass any one. In going over Mosgiel Bridge his horses were on the bridge when Gourlay's coach tried to pass on the off-side and about the middle of the bridge, caught the off fore wheel, turned the fore part of the carriage on to the railing of the bridge, which tore the railing off, and the coach went over into the water, carrying him and all the passengers with it. There was not room to pass, and he would have waited a week rather than attempt it. The coach, horses, and harness were his ; the body of the coach and some of thfe under gear were rendered useless being completely smashed; the harness was cut and slashed in trying to get the horses out, and the horses were hurt but not materially, though some of them will always remember the white bridge. By the time the witness got out of the water Gourlay's coach was out of sight. He went next morning and measured the depth of water which was 4 or 5 fret, but the coach did not go completely down or the passengers could not have escaped. It co-.t L2 5s to get the broken coach to Dunedin, 4s or os for receiving hats, whips, walking-sticks, &c. ; he estimated the damage to the harness at L2 10s; loss of passengers' fares, L 3 ; and loss of time, LS 10s; and three horses' shoes, Gs. He could not have avoided the accident. "George", had not passed witness previous to reaching the bridge. His coach was 7 feet 3 inches wide. In cioss-examination the witness said his criach was not more than 8 fret high. He did not recollect having a mishap at Menlove's shop. An accident happened \q a shepherd while in his cftaph, by whjoJi his leg was broken. He had only had one mishap on the road to Waikouaiti during the six years he had travelled upon it. He did not draw to the near side of the road to let "George" pass. He was on the bridge first. If Telfer and others swore that George Foster was over the bridge [when the accident happened, they would swear falsely. He had no doubt about who was driviug the coach tli.it upset him, as he had fed his horses at his coach on tfyj iviaeeourse. He showed to Mr Nunn the damaged coaoh, '"Mr Nunn, coach builder, estimated the damage done to the coach at L 25 to L3O. Benjamin Willoughby, coal merchant, was passenger by Smith's coach on the 23 rd March. The accident took place on the Mosgiel Bridge. He was sitting inside, and while going over the bridge he heard a crash, and lie wrs turned over the bridge into the water. There were eight or nine passengers. While falling over, he saw other horses and another vehicle abreast of the coach in which he was. There were no curtains to the coftoh. The other coach and horsjed. iyere cbniirig up from behind to pass, tie was unluckily on the low side of the coach, and two passengers fell upp.ii him into. \ix& water. H.e wa.s suffering from the injury to this day. James Cowie, contractor, was an outside passedger by Smith's coach, which was about the centre of the bridge when a coach drawn by two horse 3 came up behind. It was drawn by George Foster, whom he recognised. He was passing evervone on the road, and on coming alongside, the naves of the wheels came in contact He heard the railing crash, felt the coach going over, and he jumped on to the bridge and sprained his knee. Foster's coach never stopped. On getting up he looked over the bridge, saw the coach upskle down in the water, partly covered, several men scrambling out of the water, two horses on their backs, and the others struggling to get out. He considered Smith was driving slowly, and did nothing to cause the accident, which was entirely caused by the reckless driving of Foster. For the defence, it was urged tfyat Gourlay's coach was hired, and consequently Gourlay not responsible, and tftat tho agcide.iyt resulted, from t\\e attcm.pt of Smith \6 lieep {he lead. [Left Sitting.]