DISTRICT COURT.

Globe, Volume XXIII, Issue 2169, 7 February 1881, Page 3

DISTRICT COURT.

Monday, Fsbeuaby 7. [Before His Honor Judge Ward.] NAIDEB V BOBBETB,

Mr O. Harper for plaintiff ; no appearance far defendant, and no defence had been filed. The claim in this case was for £2OO, damages sustained by breach of covenants under a lease of a brewery at Akaroa. It appeared from the evidence adduced that the plaintiff had purchased the premises, the subject of the lease, on December 3rd, 1877. Certain portions of the premises which had been neglected (this being a ground of complaint) were then in a good state of repair. Plaintiff had frequently written to the defendant, giving him notice to effect the repairs required, had and als > spoken to him on the subject. Other testimony was adduced in corroboration. His Honor reserved his decision till the end of the list. .T, D. T. BOUSE T CANTBBBUET TBAMWAY COMPANY. Mr Harper appeared for the plaintiff, Mr Garrick for the defendants. This was a claim of £2OO, damages incurred through an accident to the plaintiff on the street tramway, owing, as alleged to carelessness or negligence on the part of the Tramway Company’s officials. Mr Harper stated that the plaintiff sued by his next friend. John Donald Thomas Rouse said—l am eleven years of age, I reside in Lyttelton. lam the son of Dr. Rouse. On the day in question I came from Lyttelton to Christchurch, and took the tram at the station. We went along Colombo street. I asked the guard to stop at Gould's the chemist. He said “All right,” and on arriving opposite the shop he told me to jump, as there was not much “ way on.” I held the guard iron and stepped off. My legs slipped under, next the engine. I had seen the guard before. The guard was standing on the platform where I was. The carriage had not stopped when I tried to get out, I was in the habit of travelling by the tram. I usually got out at the Bank of New Zealand. I told tho guard to stop at Gould's, about half way from the station. I had never jumped off the car before that day. I was taken to Dr. Frankish after the accident. When I jumped off, the guard was looking in my direction. The witness was cross-examined at some length. He had been asked by his papa what had occurred and told him. Constable Lawler said he saw tho previous witness get off the tram-car while it was in motion. The boy told him (witness) that the guard asked him to get down, as the tram was going slowly. Ho also said that he had asked tho guard to stop the tram. Witness saw tho wheel pass over young Rouse’s leg. Several other witnesses were called end gave corroborative evidence. Dr Bouse, deposed : That his son could not dispense with crutches for three months after tho accident. He had suffered mentally in consequence of tho accident, his memory being very much affected. Dr. Frankish, who attended the plaintiff, was also examined.

This concluded the cnee for the plaintiff. 3for the defence, the following evidence was taken.

Charles Bowles, said : He was guard on the tramway, and was on the tram-car on the 4th June, when the accident occurred. He was not asked by young Souse to stop at Gould's. Ho was asked by no one. Detective Benjamin jumped off during the passage from the station. The car stopped between the City Hotel and Brice’s. Crossing the footpath opposite the Bank of Now Zealand, young Souse said, “ Can I jump now ?” Witness replied, “ No; the oar will stop in a moment.” The tram was then in motion. They stopped shortly after, but in the meantime the accident had occurred. [Copy of the by-law produced.} The witness was cross-examined by Mr Harper. Ho distinctly stated that the tram, on the occasion referred to, did pull up opposite, or nearly opposite, Gould, the chemist’s.

Wm. Edward Brown, an engine driver, said he was on the tram on the 4th of June, 1880. Recollected stopping at Cashel street and between the City Hotel and Bi ice’s corner. He (witness) was speaking to the guard on the front platform about arranging the points, when he saw a crowd rushing from the footpath, and seeing that something was wrong, he at once put tho break on. The guard got off, and picked up jroung Souse,

Constable Lawler, recalled, said ho was looking at tho tram oar on tho day in question, and could have seen it stop. Ho did not notice it atop near Gould's or anywhere. Haw Detective Benjamin jump off at Brice's corner. The tram was then in motion.

Mr Chapman, recalled, said he went ronnd the corner with Benjamin. Ho was standing near Fleming’s. The tram did not stop near Gould’s. He did not see anyone get out of the tram, and enter Boot’s, the confectioner’s. (.Left sitting.}