DISTRICT COURT.

Evening Star, Issue 4058, 28 February 1876, Page 2

DISTRICT COURT.

Monday, February 28.

(Before Jadge Bathgate and a Jury of four.)

A. and T. Burt v. Vincent and another.—ln this case, heard at the last sitting 1 of the Court,, when judgment wad given for ■ plaintiff, Mr Stewait said defend ante had applied fpr a writ-, of prohibition, on the ground that the foimer f proceedings had been irregularly and infer-' ’ maUy done. He was will ng that We judgment d-liv-red should be set aside and plaintiffs be nonsuited, leaving it Often for fresh action to W taka.i.—H s Honor asked how the case could be plac' d on the roll .'gain after judgment had been pronou oed.—Mr St-’wai t thought such *ouldbe done if there had be n any irregularity. He did hot admit th t there had b on but there might be something in the pb--tv»e delence —Mr said he had received no instructions from defendant, hut he knew the writ of prohibition had been granted and was ready to be served —His the matter-till dnaa.-, day next, when it s to come up for argument. Thomson v, Mai dim.—Claim Llll 6s, valuer of fobr cases of trees and shrubs shipped to plaintiff 1 from Gla gow in the Wi d Deer .-(of which ves-el defendant is master) a d 4o*t through the hj g igerioe' hud Improper stowage by .Oefead <nt. ; 'Thp defendant reded on ,fslo.wjng grounds for his defence.: -■ist.That he was notguiltv. , !(i . hie trees ond' shrubs,, were, not of, the,. value alleged. l 3rd. ..The contract , a was in writip.;, and was übjref exceptions wad stipulations - by which defendant was pr t• ed frothfrom liability. 4th. The loss occurred ly and through the negligence of plaintiff him-e f •hrough his defend*' t. Mr Macaasey appeared for plain* tiff ; Mr Haggitt for defendant. — Kobert Thomson, nuts* rym'ui, said he was consignee of »he goods ip question, and bit the arrival of the Wud Deer he wt-nt down to the ship to get theta thinking they would of course be stowed on deck The mate told him' the tr. es and shrttbs were in the hold, op which Witness said they wbuld all be dead if stowed there. The mate replied that he had looked at them at thd Cape, and they were all right then; thev were stowed in the.hold as a trial. Witne s did i»oi ■ee them for two or three days, and then saw f hem in the hold on the uppar tier, near the hatch, Some of the glass oftne cases had been broken, and the mate said dunnage had heed stowed on top of them, He neit sa# the cased in the railway effd, and found two of dediduons plants in good order and oneckse of staall azaleas. Two cases of ihodoaendtdns and one case of araucarias and Crimean pines iwere compl-t-ly destroyed, the leaves being all off. ThoSe that were rendered useless were evergreens, the leaves of which come off if kept without a certain amount of light If the leave-i of evergreens come off the plants die] but*' if deciduous plants lose theira it duos not matter so lofg aS the roots are all right ' survey was held by experts, who estimated witness’s loss at the amount, claimed. Witness hid never befme heard of such plants being stowed in the Jmid of a vessel. Witness had since spoken to'defendant about the taattrr, but he reolied that he had nothi g to do with the which had been dbud by‘ the stevedore. , The month of October is the proper month for lifting such trees fori exportation.’ Cross-examined: One or two 1 leaves of the araucarias were touching the , glass.' Witness was ' charged 2s : each; for the_ rhododendron* and 3s 6d for the araucarias, : and the claim be had made'estimated the rhododendrons at 7s 6d eaihand the araucarias at the same figme. This was the, estimate of the surveyors. G., Matthews,; nurseryman, gave evidence ss to the damage done'to, the plants ahd the estimate he and the; othei surveyors made. 1 , pjeft sitting ]