RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 3010, 11 October 1872, Page 2

RESIDENT MAGISTRATE’S COURT.

This Day. (Before A. C. Strode, Esq., R.M.)

Civil Cases. Barnett and Levien v. Alexander. 12s 4d, on a dishonored acceptance. Judgment by default for the plaintiffs for the amount, with costs. Same v. Lowden LSI Lis 6d, balance of account current. Judgment by default for the plaintiffs for the amount, with costs. Bright Bros, and Co v. Renner (master of the Rangatira). —L6 6s, the value of three kegs of staples alleged to have been lost overboard, through the negligence of defendant’s servants. Mr Harris for the plaintiffs. —Charles Smith, lighterman, said that he was employed to convey the kegs in question to the Kangatira. They were put with three other kegs in a sling, three, two. and one, and properly jammed. The tackle was not properly fixed. The goods were taken out of the lighter by means of a winch worked by steam. They were raised too rapidly, and witness “sung out ” three times to slacken speed, but no notice was taken, and at length striking the ship’s side, the kegs were knocked off the slings, and three were lost. When the kegs were being placed in the slings, the chief mate said he had better only put four kegs in the slings, as the tackle was not first-rate. The kegs were not lost through the breaking of the tackle. After they were lost, a man was placed on the bridge to direct the engine-driver. Six kegs would be better than live. —Henry Fiinn, stevedore, said that three or six kegs could be more safely slung than five. —Charles Cruikshmk, who placed the kegs in the slings, said they were hove up so rapidly that lie lost control over them. He considered they were Inst through that. —For the defence, it was urged that the tackle was properly adjusted, and that the lighterman did not sling the kegs as directed by the mate of the Kangatira.— idward Hardy, second mate of the Rangatira, was in the hold of the steamer during taking in cargo. He was about twenty feet

distant from the mate while'taking in cargo. A man was on the bridge during the whole time of taking in cargo to pass the word to the man driving the engine. The gear used was similar to that in use in small boats. He beard the chief mate direct the master of the lighter not to put more than five kegs in a sling. Five was the safer number, because the slings jammed better. Judgment for the plaintiff for the amount claimed, with costs.