MAGISTRATES’ COURTS.

Globe, Volume VI, Issue 627, 22 June 1876, Page 2

MAGISTRATES’ COURTS.

CHRISTCHURCH. Wednesday, June 21. [Before G. L. Hellish, Esq, R.M.] Civil Cases. — G. Cronin v Mayor and City Council. In this case the plaintiff sought to recover £67 9s damages sustained by him in consequence of injuries received by himself and family through negligence of defendants in keeping open a bridge for public traffic within the city of Christchurch, (Barbadoes street south) while (such bridge was in a defective and dangerous condition Mr Joynt forplaintiff and Dr Foster for defendants. Mr Joynt called the plaintiff who stated that he was station master at Addington. On Sunday, 20th February, he was proceeding to the Catholic Chapel with four children members of his family, the eldest being sixteen years of age. He had to cross a bridge in Barbadoes street within the town belt. He was driving a light spring cart. While he was cro v s : ng <he bridge the mare went through it, pitching them all out. She dragged one plank up and broke through another. Her hind legs west through, and she was pitched on to her head. The occupants and even the seats of the trap were thrown out. Two of the girls had their faces cut, and were bruised about the body. The eldest girl was cut on the knee, and she was laid up in the house for nearly two months. He was also very much cut. Part of the children’s clothes were spoiled. Dr Foster objected, as the claim was for injuries received by plaintiff and his family. After some argument by counsel, his Worship said he would allow the claim to stand as in the plaint. The witness continued to say that the copy of the account for clothes, &c, handed in was the list of what had been spoiled through the accident. The mare was injured in the legs, the skin of the knees being knocked off, and her legs swollen. The shafts of the trap were broken, and also the harness. Ho had to call in a medical man to attend to the children. [Accounts for medical attendance, for repairs to cart and harness, and for treatment by veterinary surgeon, handed in.] The injuries received by himself and children were very severe. The claim (£6) for clothes spoiled was fair, Produced two pieces of stringy bark, samples of the planking where the mare went through. He knew the bridge was an old one, the timbers of which seamed to be very much worn. Cross examined by Dr Foster —lt was within a minute or two of ten o’clock on that morning when he crossed the bridge. There was no one in the cart excepting himself and family. He had been in the habit of crossing the bridge, and bad known it for about thirteen years. Was near the centre when he was crossing the bridge—if anything, more fo the left than right. Had no previous warning unfil he was “ up-ended.” Heard the mare go through the bridge, and was certain she did with her hind legs. The break in the bridge was near the town side, but the plank was pulled up from the centre. Was positive that two planks were interfered with—one broken and the other pulled up. Did not notice whether the latter was sound or not, but it seemed sound, as it broke the knee of the step ; and he believed threw the mare down. Had kept the samples of the bridge in his possession ever since, and the members of the Council had not had an opportunity of seeing them. Was not able to proceed to chapel after the accident, and after the children were washed and quietened, he took them home. The youngest girl in the trap was ten years old, and she could not go to school for about three weeks afterwards. He only thought that one of the shafts was broken, until the tug leather was taken off. The cart had been repaired about a fortnight before, and the springing of the second shaft was not then seen. Had no knowledge when the bridge was built. Re examined by Mr Joynt—Had not been asked by any of tfie members of the City Council to see the pieces of the bridge he had produced. To the best of his belief the second shaft of the trap was not sprung before the accident. Mr T Hill, veterinary surgeon stated that he saw plaintiff's mare the day after the accident. The hair was graz'd off at the knees, and there was a slight wound or two at the back of the hind legs. Did not think the damage would be permanent. Had esliraated the deterioration of the selling value at £5, Mr Pitts, brewer, had seen the horse fall down on that day and get up again quickly. Did not notice the children being particularly injured, nor their clothes destroyed, beyond being dusty. In cross-examination, the witness said that he lived about 55ft. from the bridge, and had been in the habit of crossing six or seven times a day for the last eight or nine years Had crossed it about six times the day before the accident with his cart, and did not notice anything defective about it. Had never had occasion to complain of the state of the bridge. Other witnesses were examined, who had seen the accident, and observed the faces of the children to be cut. One witness stated that between nine and ten o’clock on that Sunday morning, he had crossed the bridge and observed that at one place there was a wide space between the planks. The thought, occurred to him at the time that the bridge required repairing at that spot. Mr Purdie, builder, stated that he did not think the pieces of stringy bark produced were fit to fo r m the planking of a bridge, ns they wore 11 dozed ” or decayed, and the bridge formed of this timber was not safe for traffic. In cross-examination, the witness said that the planks from which the pieces were taken, might have been decayed before they were put in. Mr Cutler, contractor, gave similar

evidence, and now that he saw the timber he did not think it was fit to carry traffic. The planks were not only too much worn, but they were also rotten. Several other witnesses were examined, who gave evidence to the game effect, one considering that stringy bark even of the best description should not be used longer for a bridge than five years. He had been seventeen years in Christchurch, and did not know of any accident having occurred at that bridge before. Dr Doyle remembered attending to plaintiff’s children ; they were all more or less bruised, the eldest girl particularly so. Mr Cronin was also very much cut, and was longer getting well than the others. In cross examination the witness said that he did not know whether the injuries received would be permanent, as he had not heard since from the family. An important witness called for the plaintiff did not appear when called, and his Worship decided to hear the evidence of the other aide. Dr Foster, for the defendant, called Mr Inwood, who stated that he was clerk of the works in Mr Dobson’s time. He had this bridge put down some seventeen or eighteen years ago. Had had nothing to do with it since the City Council took it over. Mr Pearce, inspector of nuisances, had known the bridge for thirteen years; it was part of his duty to look after the bridges and the drains. It was also his duty to give instructions to the men relative to these bridges, and he had instructed a man named Binney to look particularly after this bridge and the drain, and he (Binney) was particularly careful in giving notice of all repairs he saw required. His (Binney’s) duty was to at once inform the carpenters if he saw anything that required repairing. There were fifty or sixty men employed by the Council. He generally passed along the south drain once a week, and was in the habit of constantly crossing this bridge. Had noticed nothing defective about the bridge, excepting the rough state of the timber. Cross-examined by Mr Joynt —lt vs as his duty as Inspector of Nuisances to look after the state of the bridges. As an unprofessional man he considered the pieces of timber produced were sound. He judged this from their “ ring.” He knew the bridge on the Windmill road, and did not know that there had been a hole in it for some months past. Mr Binney called—Had been employed in the City Council for about eight years, his duty being to look after the drain and bridge, and to report repairs required. Saw the bridge at Barbadoes street at five o’clock on the evening of the 19th of February, and did not see that any of the planks were broken, or that anything was wrong with the bridge. In cross examination the witness said that he had to see that any timbers of the bridge were decayed. Had examined the bridge that afternoon, and did not see anyjdecay. The samples of wood produced did not look to him to be decayed. He was a laborer, and had not had much.to do with timber. When he raw the appearance of decay he always put his knife into it. He would know if a plank was rotten by stepping on it. Some of the planks on the bridge were worn by traffic. Mr Kane, carter for Brightling, had been in the habit of crossing this bridge eight or nine times a day for six years, with nearly three tons weight in the dray. Had driven over it on the Saturday prior to the accident, and did not then, nor had he ever seen, anything dangerous or wrong about the bridge. Knew of other carters who had for some time been in the habit of daily crossing it with three ton loads. Cross examined—His attention would have been attracted to the bridge if defective, even if the planks were not broken. He would have no hesitation in crossing over the pieces in court with a three ton load. Mr ‘Valkden, city surveyor, stated that he was nearly daily at the south drain, and often passed over the bridge. Was able to say that before the accident the bridge was in as good state as it has been for the last twelve months. It carried the traffic all right, and there was no visible iuse'.urity about it. Produced the other portion of the broken plank, from which the pieces in Court had been broken off. The pieces of wood showed evidence of decay, but were certainly not rotten. They would be able to carry heavy traffic, but would not stand a heavy blow. The plank might have been fractured by a stone being kicked on to the bridge by a horse, and a heavy cart going over it would, by a sudden jar, cause a fracture, which, from the nature of the wood, would not show at the time. Though the timber might not be exactly as sound as when taken from the t'ee, it would still carry enormous traffic. Had beard that two planks were put into the bridge some time before this, and had learnt that it had been repaired a little over two years ago. Only one plank had been placed in the bridge at the break after the accident, and it had since then (during the last four months) carried very heavy traffic. In cross-exami-nation, Mr Walkden said that, looking at the end of the plank in Court, hewouldsay that it was far from being rotten, but had not the same bearing capabilities as it had first had. It was Binney’s duty to report anything he saw wrong, and not particularly to report decayed timber. Looking at the fracture in the timber, he was not surprised at the horse going through, after the plank had been artificially fractured. He believed the timber produced was blue gum, or what is called V.D L., and in attending to works here, he had had instances of the durability of this wood. Hogan, carpenter, in the employ of the City Council, deposed to putting in only one plank at the spot where the accident occurred. The bridge had been newly planked, or nearly so, about two and . a half years ago. Mr T. D Jones, member of the works committee, had gone down with other members the day after the accident, and he and the others had not, seen any reason to strip the bridge, aa it seemed perfectly sound, and the broken plank the result cf an accident through a sudden fracture. Believed the bridge had been nearly .all rc covered about three years ago. In cross-examination, the witness said that he did not consider the pieces of wood in court were decayed, though they were much worn. This was all the evidence produced by the counsel for defendants, and on the application of Mr Joynt the case was adjourned for a week to allow of him examining an important witness. A. Itaine vR. Fearon, claim £25 ;Mr Joynt for plaintiff; judgment by default for £lO and costs £2 163. R. Walton vE. J, White ; claim £77 4a 6 1 ; Mr Cowlishaw for plaintiff ; judgment by default for £53 14s LOd and costs £2 18s. G. Vaughan vJ. Eagle; claim £2415s lOd; Mr Cowlishaw for plaintiff : Mr Joynt for defendant; tendered i’23 7s lOd, and costs 18a ; judgment for £23 7s lOd, and costs 40s ; M. A. Raphael v R. Ruddock ; claim £47 10s ; Mr Slater for plaintiff ; Mr Jameson for defendant; judgment for £47 10s and costa £7 4s,

Thursday, June 22. (Before G. L. Hellish, Esq, R.M.) Drunk and Disorderly. —Two inebiates who appeared for the first time were each fined ss. E. T. Cockerell, who had been repeatedly before the Bench, was sentenced to one month’s imprisonment with hard labour. Thomas Preston w.is fined 20s. Illtreating a Horse. —Lewis Smith was charged with hurting and harrassing a horse on {Sunday, 4th June, by riding it when it was in a very weak, low state, and its hind fetlocks bleeding. A similar case with the same horse was before the Court last week, and defendant said he was only riding it out of town to a paddoek. Case dismissed. Horses and Cattle at Large.— For permitting horses and cattle to wander, the following persons were each fined 5s : F. Chambers, W. A. Herbert, J. Keid, J. H adfield, Anna Clark, James Sheriff, H. Knowles, R. Davidson, H. Knowles. Andrew McTaggart, summoned on two informations, was fined 10s. gREACH of Hackney Carriage ByeLaws. Robert Falloon, summoned for plying off his licensed route, was fined 10s. Andrew McTaggart was charged with plying for hire less than 50ft from the main entrance to the Oddfellows’ Hall, on the night of 29th May. Mr Garrick, called by by defendant, stated that he had engaged the cabman for that night, and told him to be as near the door as he possibly could get. Case dismissed. Breach of City Bye-Laws.— For being absent fromjtheir horses and cabs, Andrew McTaggart, H. Dupree, and F. Chambers, were each fined 10s. S. Needham, for having no light on an obstruction in Cashel street, was lined 10s. J. W. Morton, for not having a lamp lighted over his licensed house on the night of the 4th June, was fined 10s. John Hill, summoned for driving furiously in Gloucester street, was fined 10s. Thomas Roberts, for allowing his horse to obstruct a thoroughfare, was fined 10s. Unlicensed Conductors. —The following lads were each fined 10s for acting as conductors without a license ;—Robt Falloon, Thomas Nurse, Alfred Williams, Wm Wyatt, Thos Hullow, and E. Harper, Breach or Public House Ordinance. — Edward Maples was summoned for selling drink and keeping his licensed house, the Albion Hotel, open during prohibited hours on the night of the 11th June. Mr Jameson appeared for the defendant. Constable Connell stated that at twenty minutes past eleven that night he saw the light in the bar, and wheu he went inside he found several persons there, and fourweie supplied with beer. One of them gave his name and address, but he had not been able to find him since, and thought he had been given a wrong name. In cross-examination by Mr Jameson, the witness said that when _he asked the barman if he knew what the time was, the latter said he did not, as the clock had been removed. Mr Jameson told the Bench that Mr Maples, who had only taken the house lately, was having it done up, and the clock in the bar had been removed by the paperhangers. The fact of the bar door having been open would show itself that it was kept so in ignorance of the hour. Though the summons had been taken out in the name of W. Maples, Mr E, Maples did not desire that a technical objection should be raised on that point. The barman, called by Mr Jameson, stated that the clock had been removed by the workmen, and when the constable told him the hour ha did not supply any liquor afterwards. His Worship said that publicans as a rule were generally fertile in excuses; defendant would be fined £5 for keeping his house open; the second information would be dismissed.

Protection of Earnings. Elizabeth Hall applied for an order for the protection of her earnings against her husband. Wm Hall. The complainant stated that her husband was constantly drinking, had ill-used her, sold her home, and threatened her with a knife. Mrs Mills called, stated that she knew complainant in England to be a hard working girl. She did not know anything about her since her arrival here. The defendant said that it was his wife who had sold up the home, that her conduct was bad, and she had driven him away. His Worship said he would like to here more about both parties, and would adjourn the case for a week for that purpose. Harriett Mills applied for an order against her husband, R. C. Mills. Complainant stated that her husband was a good man when not drinking, but when he took liquor he insisted on having all her money, and would go away and spend it. He had also threatened to illuse her. In reply to his Worship, the witness said that she was still living in the same house as her husband was, though k not with him. His Worship said he could not make an order uuc er the circumstances, but if the defendant illused her she was to apply to him again. Case dismissed. Destitute Persons Relief Ordinance. W. Foley was summoned for refusing to contribute towards the support of his father. Defendant said lie had contributed towards his father’s support, and had not refused to continue to do so. He had written to his two brothers, telling them of his father’s illness, but had received no reply. He had been in the habit of contributing from 10s to 15s a week towards keeping his father and stepmother, and had wished his brothers to give 10s a week each. His Worship said he would adjourn the case for a fortnight to allow of further action being taken. Using Abusive Language.— C. A. Harris was charged with usihg abusive language towards Mrs Emma Noonan, at New Brighton. The complaint was proeed by the evidence of two witnesses, and his Worship inflicted a fine of 10s and Gs Gd costs, warning defendant that if he repeated his conduct he would be bound over to keep the peace.

Assault. —A case against W. J. Falloou for assaulting his wife, Matilda Falloou, was adjourned for a week, as the complainant failed to appear. Slaughtbk-hou.sk Licenses.— The following applications for slaughter-house licenses were granted : —Joseph Batchelor, section 1532, Lincoln; AA. Crow, section 5502, Lincoln; W. B. Clarkson, section 154, Spreydon; K, A. Colee, section 11 (JO, Burnham; Joseph Marsten, section 1048, St Albans; Procker and Sears, Russell’s Flat; Robert Little, section 597, Tai Tapu ; J. Sharpe, section 2490, or 91, Lincoln; John Yates, section 10083, Malvern. LYTTELTON. Thursday, June 22, (Before W. Donald, Escp, R.M.) Drunkenness. —Robert Johnson, arrested by Constable Moutray, was fined 10s, or in default forty-eight hours. The fine was not paid,