DISTRICT COURT.

Globe, Volume XXIV, Issue 2552, 13 June 1882, Page 3

DISTRICT COURT.

OHRISTOHUROH.

Monday, June 12.

The following evidence in tho case of J. Studholme v Regina was taken yesterday after we went to press : J. T. Ford had visited the land in tho capaoity of valuator in March. The live fence was worth 15s a chain, gorse included ; but could not be replaced at that price. Other land not quite so good, nearer the hills, and furthor from the railway, was let in the diotriot at Is 61 an acre. The land on which grass had beon burned was worth 2s annually. Cross-examined —The fact that 5000 shoep were on the land in October and November will not affeot the value. There was rain in Deoember. Even if the undergrowth had been eaten to the very ground, the fire might possibly spread equally among the tusßooks. The gorse was puny, and, witness believed, the fire had completely burned the gorse bo that the roots were destroyed. The fence, with the wire, &c, had been a fair stock-proof fenoe. C. P. Cox, of Ashburton, deposed that he had visited the property in Maroh last, as a valuator. The fire seemed to have burned right into the roots of the gorse. Here and there a yard or so of ftnee remained. It had been a fonr-wired one. The banks were destroyed. Valued the remainder of the fenoe round the paddock at 15s, Similar grass land was let at 2s. Had frequently seen sparks emitted from locomotives. Cross-examined—Grass would grow quickly in December, if there was rain. It was very common for a few heavy showers to fall early in December. O. S. Edward, stationmaster at the Hinds, deposed that on 2nd January, five minutes after the train had passed, he observed fire three-quarters of a mile from the station, on the south-east side of the line. The fire spread from the line towards the sea. At half-past seven at night got others to give a hand. The fire was then coming in the direction of the station.

Cross-examined—Did not assist to put out the fire at the outset, having other duties to attend to.

At ten minutes after four, Mr Joynt requested an adjournment until ten o'clock ibis morning, intimating that he would produce but three or four witnesses.

Mr Harper did not offer any objection. The Court adjourned accordingly.

This Day. [Before his Honor Judge Ward.] This Court resumed at ten o'clock this morning.

J. STUDHOLME T BEGINA, [Oontinued.J

Claim for £2OO, damage to gross, fences, gateposts, wire-strainers, &a., igniting through hot cinders falling from a railway looomotive, the Government employes, as alleged, neglecting proper precautions to prevent fire spread, ing from land along the line to plaintiff's land.

Mr Geo. Harper for plaintiff, Mr Joynt for ;he Crown.

Mr Joynt, in resuming this case, said he intended to adduce evidence touching the state of the engine on the morning in question, with a view to showing that the effectual suppression of spavfcs was impracticable ; abo, evidence as to the fuel used. His Honor fcintimatod that sometimes stokers raked out cinders during a journey. A strong wind arising under such oiroumstances would have a serious effect.

Alison Smith, looomotive superintendent, Hurunui-Bluff line, deposed that the best known spark arresters were used, and water was turned on to the ash pan to prevent the escape of fire under the grating. [Diagram produced of spark-arrester used on the engine of the express on 2nd January.] No spark-arrester yet invented would absolutely stop tho esoape of sparks. That produced was tho best. A similar pattern was used in Canada and in the States, Its use baffled the exhausts and caused a counter-pressure in the cylinders. Only small sparks could escape from that arrester. It had been in use two years ; no regard had beon paid to expense. Cinders dropping through the bars " go out" through the plan being adopted of flooding tho asbpan with water. Half Springfield and half Weotport coal, mixsd, was used on the morning in question. Such a mixture was not specially ciloulated to emit sparks. Witness oould not see bow throe cinders, eaoh as large as a fowl's egg, could possibly have got through the tubes. Suoh cinders might, of oourso, have been deliberately thrown out.

Cross-examined—The j ashpan was made of iron. There were side doors for regulating draught. When the draught was let in, water still lay about an inch deep on tho pan. The draught was let in constantly while the train was running. Where the funnel joined on to the engine there was no perforated plate to arrest sparks. Tho sparks travelled up the flue and impinged on the inverted cone, The engine used was Amerioan. It came out furnished with gauza netting, but no perforated plate. Having no special sparkarrester, tbo engine, when first it came out, emitted sparks very freely. The engines here were sufficiently powerful to stand tho use of the arrester. The ashpan was about eighteen square feet. From the gauge cocks in some cases, and in others from the injeotor of waste, water could be turned direct fiom the engine on to tho :i hpan, * By Mr Joynt—The express was timed to run thirty-five miles an hour ; the average whs twenty-eight miles. Coke was very expensive, and it was a question if a Buffi jient quantity would be available. John Dickenson, locomotive foreman, deposed that the oiogine was in good order on the d; yin question. Had had experience of spark arresters in Australia and No» Zjalaud. The arrester in question was cm of the beßt ia übo 1e e. The ashpan was in order, ouch cinders as referred to oould not possibly have escaped. Throe American arresters had beon u*fd, but proved ineffectual. Had seen a " fluff" come through the best arresters, but not hard oin.'ers. The arresters were cleaned out C7ery r.ight, and at tho end of every ling trip. The ashpans were cleaned every fifty miies.

James Corner, driver of the express on 2od January, deposed that the engine was ia proper order. The r.shpan was always watered. No cinder could pass through the tubes. Live oindera could not escape from the grate, ss they were bound to full in the ashpan. Had not seen a bit of fire by his engine all the time he had been running. Had seen the ground burned in several places. Walter Ootterill, fireman of the engine on 2n;l January, deposed to the apparatus having been in order. Had cleaned out the ashpan at Timaru. There was not then a great deal of ashes in. They wore all damp ; of this he was quite sure. The largest cinder that could escape from the grate, or from any part of the engine would not be more than an eighth of ou inch through.

Robert Campbell, foreman fitter, deposed he had had ten years' experience of spark arresters in Amerioa, Upper Canada, ana Now Zealand. The wiro mesh used in America was not, ho thought, so effectual as the deflector used here. Wood was used in Amerioa, emitting much lighter sparks. Ooal was also used there.

Mr Joynt addressed his Honor, contending that certainly no negligence could be. imputed on the soore of the Government not using the most effioient spark arrester. The other side would have to show that some negligence not immediately oonnected with the engine itself was the cause of the disaster. The fact of sparks being emitted was no longer deemed to be prima facie evidenoe of negligence. There was nothing to show that the fire had not been caused by some travelling swagman, or even by some one on the train throwing away a matoh. Fires ocourred continually on the plains in districts where no trains ran. It had been vainly endeavored by the other side to make a point of the alleged combustible state of tho Crown reserve between the railway line and the plaintiff's sections. Nor was it reasonable to require that one and a half by seventeen miles should have been kept mown, the magnitude of such a task beiDg out of all proportion to the risk incurred. As to burning off suoh an area, what a staff of men would be needed to keep such a fire in cheok ! And, in the midst of suoh operations, a stiff nor'-wester might begin to blow, communicating fire to an immense extent of country. Mr Harper said that, notwithstanding the evidence led by experts on behalf of the Crown to show that the utmost precautions had boen taken in the construction of the engine, it was competent for bis Honor, sit tine in the capacity of judge and jury, to consider if sufficient preoptions had been taken. It was an established fact that sparks were observed esoapicg from engines, and it was a question if either the gauza cap on the funnel, or the perforated zinc plate, might net have been usefully applied in lieu of the arrt s or used. As to the condition of combustible matter, the season of the year was dry, nor'westers prevailed, and there was a considerable growth of tussocks right up to the ballasting. It was sufficient for counsel to show that plaintiff's land was in danger from the state of the intervening reserve. Burning was not the only remedy. A few effectual furrows might have been ploughed. At least it might have been expected that the Crown would have exeroised speoial care where the reserve abutted on gorse fenoes. That the fire was ODmmunioited by the engine was clear from the evidence.

His Honor reserved judgment. At five minutes to one the Court adjourned until two.