RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 3246, 16 July 1873, Page 2

RESIDENT MAGISTRATE’S COURT.

Wednesday, July 16. (Before I. N. Watt, Esq., R.M.) CIVID CASES. Summers v. M'Cutching.—Ll 11s, for water-rates and a pane of glass, paid by plaintiff on account of defendant. Defendant, in reply, said that he agreed with plaintiff for 3d per week for water, and admitted owing for the glass. Judgment for plaintiff, 17s and costs.

Burt v. Eolfe (manager of the Dunedin and Port Chalmers Railway).—Lll OsGd.fMr Stewart for the plaintiff; Mr Edward Cook for the defence. This was an action brought to recover compensation for damage to 60 bun* dies sheet iron, through alleged carelessness of the defendant. A. Burt, one of the plaintiffs, received 60 bundles black sheet iron by rail from the Naomi, on the 24th and 25rh June. The iron was so wet that, though the day was dry, water ran from the drays that took them from the railway station. The damage was from fresh water. The water was tasted at the time, and showed no sign of salt, and the character of the rust showed it was fresh water rust. The iron was also salt water rusted. The damage was estimated at 3s. per hundredweight. The bll of lading was signed as the iron being in good order when shipped. He never claimed compensation for damage from the captain.—Hsstie, wharf carter, gave evidence as to the condition of the iron on receiving it from the Kailway Company. He refused to sign a receipt unless it was stated to be wet and rusty, and the Railway Company would not accept such areceipt. Hehad signed for theolher as rusty John M'Neil had examined the iron. It was damaged chiefly by salt water; about one-half was damaged to the extent of 2s or 3s a cwt. —T. Haworth examined the iron, and found that twelve bundles were damaged by fresh water, and the remainder by salt. Iron in perfect condition, left a night and a day, would be damaged as he described. For the defence it was contended that there was no proof of negligence, that there was no proof that the iron was damaged while in charge of the railway company, that the wharf carter neglected to take it away on its arrival at Dunedin, and that the company were not bound to give notice of arrival.—John Mills, stevedore, said the iron from the Naomi was not left on the truck uncovered. He could not swear that the trucks were properly covered before leaving Port Chalmers.— Thomas Thomson, laborer, assisted in loading sheet iron from the Naomi. It was very wet, and so slippery that it was difficult to handle. It must have been taken away on Saturday, as ho did not observe it on Sunday. In reply to tfye Court: It had the appearance of paving been embedded in yellow clay.— Griffiths, a laborer, assisted to load Hastie's drays with sheet iron from a truck which was covered with the company’s tarpaulins.— Joseph Porter, labourer, saw the trucks on a siding after their arrival. They were covered with a tarpaulin. He helped to load Hastie’s drays. The iron was wet and muddy.—Pale, receiving clerk at the Port Chalmers Railway, received bundles of sheet iron on the day in question. It was so wet and dirty that the marks could not be distinguished. Ninety-five bundles were received on one truck and 10 on another, from the Naomi. It was covered with slimy rust. They were sent up to Dunedin by the 1.30 train. The day was so fine that there was no necessity to cover the trucks. The goods were so damaged that rain would have been a benefit to them.—Judgment reserved.