DISTRICT COURT.

Evening Star, Issue 3677, 4 December 1874, Page 2

DISTRICT COURT.

Friday, December 4, (Before his Honor Ju Bathgate ) J. W. Hutchison v. Procter and Win - taker. Plus case was adj turned from W«d. n sday. Plaint ff, w.io is tile owner o tin ruling ni ire spiitsaiil, to recover from defendants, who, it was alleged, were in the habit of driving and running, by then servants, a certain engine and trucks along a line of railway over the Anderson’s Bay road, the sum of L2oo, aa damages sustained by the mare, through defendants’ negligence in failing to have proper and sufficient gates placed oyer the crossing, and in not employ ing efficient and proper servants to drive, manage, and conduct the engine for the safety and protection of persons lawfully using the road. Mr Barton, instruc ed by -Mr Kettle, appeared for plain till', and M, Haggittd feude-l. .Nearly the whole day was occupiei by legal argument*. Mr Ha_g it an united that n > duty ws cast by statute on dcfe - dants to fence the level crossing where the acci mnt occurred. —Mr Barton : i here is a (lu y cast by fctarute on tiie part of th*Government to fence this level i Hia Worship : Then why not take them ? till they dosothey arerespomsib e f r any accidents w’hicb may occur the\ oannote-ieap’j —- Mr Barton would c.te cases to show that any ocher p«r-on v. no emurmts with theG .vcii meut to use the line, and chooses to use it without the Hovernment hiving put up ga es and used proper precautions, was responsible for any accidents which mb-ht occur while ho us d it. tie submitted that if defendants had not used eyery precaution necessary for the prot- ctiou of the Que.-u’s s-drject in leaving an unproi.ee td and unguardid cross ng Ike this, they must be auafweiable fpr ruv . accident occurring thereby. For the oeiebcb the engine driver

and foreman were ex irnined after which his Wor hip took time to consider his iudirment b Best v. Larnach is a claim by a spinster at Port Chalmers who seeks to recover Ll5O for injuries she received by the d feudaut’s dog biting her. This case was not concluded when our reporter left.