RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 3125, 24 February 1873, Page 2

RESIDENT MAGISTRATE’S COURT.

Tins Hay. (Before A. C. Strode, Esq,, R. M,) CIVIL CASKS. Pink and another v. the Shag Valley Quartz mining Company.—This was an action for the recovery of LSO for the carriage of a quantity of mining plant from Macrae’s Flat to -hag Valley. The evidence on plaintiff*’ bchdf was published in the Evbnijto Star - f the 17th insb, Mr Stout ap earei for the plaintiffs and Mr Hodgkins for the defendants. William Oram Ball said he was legal manager for the defendants. He admitted the contract produced. It was executed between plaintiffs and defendants in his presence.—George Bed said he was working manager for the defendant*. He recollected plaintiffs carrying certain mining plant to the Company's claim at Shag Valley. He instructed plaintiffs to deliver a portion of the plant on the top of the hill, as tho road between that point and the Company’s site was not finished. He also nrd ifcd that the remainder of the plant should ho delivered on the ate. "When the p'aiutiffs arrived on the top of the hill with the boiler they asked him where they should deliver it, and he replied, “On tho Company’s site.” > ink then asked him to vi w a spur down which he preferred taking the boiler than the road. Witness examined the ground, and said to Fink that he would never bring it down, and at the same time pointed to another spur The road between the top of tho hill and the site was finished on the 20th of November ; but the boiler did not arrive until the 2nd of I'ecember. On the latter date plaintiffs complained that the road was not wide enough, and witness replied that he wou'd make it wider. I 1 aintiffa declined to wait until that was done. He ask<~d plaintiffs why they had departed from the route drci< edon 20th November, and they said that they did not i tend taking it down the hill. Witness then said that he would take delivery only on the site Pink asked him to view another spur, which he proposed <o elide the boi.er down, if the Company would give him assistance. Witness agreed to this proposal. Pink thin requested assistance to unload, and he gave it to him. t n the sth of December, one of the delendants asked him to take delivery of the boiler on the hill, and he refused to do so. Plaintiffs then asked for assistance to enable them to lower it to the proper site. He promised the require'! assistance, and at the same time said that he would not be responsible for any mish j) that might occur, 'ihe boiler was damaged while being tak.n down the hid, luit the damages were not visible. Pink said it was not nr ch damaged, and witness replied that it could not be built in until it had been examined and tested. It had since been repaired, taken posse sion of by the Company, and used. He .assisted in taking the boiler down the hill, but did not direct the proceeding.—Dougall Campbell said he was Mr Wilson's managing man at ."hag Valley. He remembered pi. tiutiffs’ conveying a boiler to defendant’s claim, and saw it on the sidelinu at the top of the hill. The remainder of witness’s evidence was corroborative of that of last witness. Thomas Cwyne, a miner in the service of the Company, was present when the boiler was unloaded. and took part in unloading. He was ordered to do this by the manager, and at the s.me time was instructed not to take any n sponsibiiity or charge of the work. He then described the circumstances surrounding the letting of the boiler down the hill, but his statement did not materially differ from that of others. Charles Hams, another of the workmen employed iu unload n' and lowering the b ikr was examined, but his evidence was only corroborative of that previously given.— William Thomas sad: lie was a boilermaker. and inspected the boiler before it was repaired. It was damaged to the extent of ah. ait L3s.—His Worship was of opinion that tho defendant, by the prominent part they took in the unloading and lowering of the boiler from the top of the hill to the valley, contributed to the accident, and, therefore, were not iu a position to set up any claim for damages. The verdict would be in favor of the plaintiff for the full amount claimed; with costs. [Left sitting.]