District Court

Feilding Star, Volume X, Issue 133, 16 May 1889, Page 3

District Court

Palmeeston, Wednesday, Mat 15,

((Before His Honor Judge Eawson.)

CIVIL ACTION,

Lloyd v. Manawatu Road Board.—

Claim £134 3, damages. Mr Bake for plaintiff ; Mr Hankins for defend ant body.

The following jury was empanelled: — W. L. Brogdea, J. H. Dillon, J. McColl, T. McEwan. Mr Dillon was chosen foreman.

Mr Baker, in opaning the case, said the Board so negligently failed to keep in repair the Karere road that on October 18, 1888, the plaintiff, •when passing over a bridge on this road wi h a waggon and horses, was precipitated from the waggon, in consequence of the bridge giving way, and suffered serious bodily iujury, was incapacitated from work for a great period, and suffered permanent injury by the aforesaid fall. The claim was for £134 3s make up aa follows : — Eleven weeks incapacitated from work, at 8s per day, £26 8s ; medical expenses, £7 15s; £100 general damages for the injury sustained by him. To that statement of claim, the defendant body replied as follows : — The B iard admit having care and management of the said road but denied having negligently failed to koep it in repair, or having been guilty of any negligence. The defendant body further said that the bridge at the time was in good state of repair, order and condition for traffic ordinarily occurring on the Karere road ; that the plaintiff himself contributed to the alleged damage, which damages by the exercise of ordinary care would have been avoided. Mr Baker dwelt at length on the facts aud law of the case.

Before the evidence was gone into, Mr Hankins asked that the bridge should be inspected.

After some discussion, it was decided to g) at once and inspect the bridge, and the Court adjourned till 2 o'clock. — Mauawatu Times.