The Accident Case.
A NONSUIT GIVEN,
At the Magistrate's Court yesterday Mr W. A. Barton, S.M.. gave judgment in the case Theodore Jackson (Mr K. X. Jones') v. J. T. Xiecol and Captain Stcnbcch (Messrs DeJ,amour and Xolan), claim ey.O damages for an accident sustained whilst unloading coal oft' the barque Emprcza. His Worship said that two witnesses had sworn, and their remarks had not been contradicted, that Jackson after the accident had got up and said that it was entirely his own fault. This was certainly very inconsistent with what plaintiff deposed, and so the Magistrate's mind it greatly reduced the value of his evideuce, taking into consideration that in all probability if he thought anyone was to blame he would have said so at the time. It appeared that the method described in the ease of unloading coal was most dangerous, and it was almost impossible for a carter to get out of the way in the event of the basket slipping. His Worship was of opinion there was not sufficient evidence to show that the accident resulted from the negligence ot defendant, or through his servants. For the reason given, plaintiff must be-non-suited ; costs £2 Bs. Witnesses Gordon, Lamont, and Weigel were allowed 7s expenses.
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Bibliographic details
Gisborne Times, Volume VI, Issue 194, 23 August 1901, Page 3
Word Count
208The Accident Case. Gisborne Times, Volume VI, Issue 194, 23 August 1901, Page 3
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