RESIDENT MAGISTRATE’S COURT.

Evening Star, Volume VIII, Issue 2369, 4 November 1870, Page 2

RESIDENT MAGISTRATE’S COURT.

This Day. (Before A. C. Strode, Eeq., R.M.). Civil Cases. Kingcombe v. Macgregor.—L2l, a claim for the value of certain furniture sold at Moeraki, and a further sum of L 4 12s 6d for expenses ; Mr Catomore for the plaintiff, and Mr Cook for the defendant. The plaintiff was in possession, on behalf of the defendant, of the property, and received the proceeds of the sale, except the amount claimed, which he how sought to recover from the defendant as purchaser. For the defence it was stated that Mr Macgregor offered L2O, and that L2I was bid by Mr Delany, to’ whom it w s knocked down. His Worship considered that" Kingcombe had undertaken (he'responsibility of collecting the whole of the proceeds)'of the'sale. Judgment for the plaintiff, L 4 12s Gd and costs. Storer v. J. W. Hutchison.—Lloo. Mr Macassey for the plaintiff; Mr Turton for the defence.' This was an action to recover compensation for loss of time and injury sustained through the plaintiff breaking his leg by falling down k hatchway on board the hulk' Industry,' at' Fort Chalmers, in consequence of alleged insufficient hatches. A. MTCinnon, in the 'employment of the defendant, said there wcfA live "hulks, the California, Cincinnati, William Hyde, Industry, and Talbot Castle. r lho plain'iff was employed to do anv work r.qnired on board of any of the hulks. He was employed on board the Cincinnati, California, and Industry. He lived part of the time on board the California, afterwards on board the Cincinnati, ' and after the' accident 'on board the Industry. He never saw a fore hatch, on board tin Industry. • The foreholl was used for storing coals. All the hulks were without hatches. The accident occurred eqrly in June. Re had sent a number of men to give the Industry more chain, as it was blowing a' gale of wind. Witness saw the plaintiff an hour after tbo accident happened. A doctor was there. In answer to Mr Turton the witness said the plaintiff and our or five men ’were working three or four days on board the Industry at the windlass trying to weigh the anchor. The windlass was say 10 feet from the forehatch which was about 5 feet wide. The Industry had 27 feet beam, so that there would be 10 feet clear on each side. There was a house over the hatch from starboard to pork. It was not usual to have hatches on board coal hulks. D. O’Donoghue, surgeon, attended the plaintiff oh board the Industry. His leg was badly fractured, and to all appoapaucc jt might be six months before he completely recovered His charge for medical atseudauce was Lid 10s. The plaintiff said he was about sis times on board the Industry at work coaling. Ho worked at the after and main hold. He only went up the forehatch once. He did not know there were no hatches on the fore hatchway of the Industry. He described the manner in which the accident occurred, from which it appeared that after assisting in securing tnc chain round the foremart of tlje hulk, he made a step backward and fell into the hqld. Henry Norms, copfjriped the plaintiff’s -statement. The only light on hoard was a small globe lamp. For the defence Mr Turton submitted that there was no case to answer. Addison on Torts laid it down that negligence on the part of the sufferer by accident relieved an employer from responsibility. Mr Macassoy replied, Ris Wwebip considered a prom /me case

made out. For the defence, witnesses were called whose statements did not materially differ from what was stated. —Capt. Edwards, agent for Messrs M'Meckan, Blackwood, and Co., said it was not possible in the daylight to walk forward without seeing the hatchways. Never saw the hatchways covered in ou board the hulks iu Melbourne or elsewhere. On board sailing vessels the hatches were put on at sundown. The hulks were an exception.— \. Pickard was engaged on board the hulks. The combings of the hatchway were nine inches deep. Had worked on board the Industry. In daylight there was no necessity for any other light in working below the fore hatch. Judgment reserved. Geary v. Stephenson was adjourned to this day week. [Left sitting.]