Soanlan Burgess.

Manawatu Herald, Volume III, Issue III, 15 April 1890, Page 2

Soanlan Burgess.

Thie wai a o&se heard at the Ball's CJourt in which th* plaintiff, being represented by Mr Egam, and the defendant by Mr Baker, sued the defendant for the sum of £100, for that the defendant, on, or about the second day March, did set fire to some >ogs on land occupied by plain* tifl, which resulted in the death of Bridget Theresa Scan lon. The action for damages was based on the fact that th» plaintiff had been thus deprived of the meniai and domestic gcrvioesof the child, present' and prospective. John Soanlon, the plaintiff, who dedoscd that he was still in the oc* cupation of the 20 acres t>f land, and the four roomed house erected upon it. He detailed the circumstances of the sale of the land, the alterca* tion with the defendant, when he requested to go, and other matters set out in counsel's; opening- speech, and continned by saying that, on the 14th of March, his child, Bridget Theresa Scanion, 4 years and 5 months old, was burned. She was a fine healthy child. On the day of the inquest, with the help of another ef his children, he and Constable Coyle were enabled to trace by burned fragments of the child's dress, the course ah» had taken from the log to the house, and they were abe to find the log at the other end of the paddock by these means. Could not say that the defendant fired this particular log, but it was in the vicinity of the logs fired by him He based his claim upon the fact that the child was already use* fill, and that had she lived she would have been of service to him, and he could hare reasonably supposed that if in iuture she had gone out to service she would have given him a part of her earnings. Cross-examined by Mr Baker— Did not see defeudant light the par* ticular log that he know of. Did not know the, nanie^^ the boys, sons of " i}ie r xtefeJtdjPnt} who came after, except ihat one was known as "IjLard case." Did not send them away. Could not say whether or not the accident was; cajiied : by : ■&», accident was caused by th« action of the boys. Did not imagine that such an accident could have bap* pened. Thought that Burgess lighted the fire to do. .him harm. The logs continued to burn fr#m^ the" time they were ignited to the time the ohild met her death. Cau.ioned the chidren repeated 'y not >o go near the fires. He thought that the ohild h>d eat down close to" the log, and her clothing had cau>ht fire. Did not take any efcps'durfag the "Whole time to put the fire out.- No reason' able man could have foreseen such a tfiiriWe result*- : : •'• ; : •

In re-examination, witnees rei'er ateitbac he he had wntned the children, to keep away from the fires \,\ '.[

Hifl Wo ship -I cannot understand, if you thought those fires were injuring, why you did not atop them. _ .......... Plaintiff replied that he took no steps to do bo / 's * Hii Worship Would it no be' a benefit to the pace to get these- logs burned out of the way ? Plaintiff— Tha* may be but they had no right to be there burring them. . ...... Mrs Soan'ou, who teemed to be in a weak and debilitated condition, ana had to be aecomodated with a chair near the Bench while she gave her evidence, remembered the child be* ing burned . Was inside the house doing her work when she heird the child calling, and on gning to the back door, saw smoke and fire on it. Did not get to it soon enough to pre. vent it from faUing. • The. chid'a clothing was all being burnt off, and she burned her own clothes in trying to put it out. Got a bucket of water and threw it over the child and feet

clothing. Mas Dalton put some salad oil on cloths, and applied them to the child, but it threw them off, and died about an hour after bemg taken

into the house. Cross'examinedbyMr Baker— Toe fire was doing damage independent of the accident, as it was burning the grass. She warned the children not to go near the fire. Was not prepared to say whether Mr Scanlon hal lighted any fires on the land during the last two years. Had given up lighting fires since Burgess had bought the place. Re-examined by Mr Esam, witness said that water would need to be oarried a good distance for putting out the fire.

A small daughter of the plftintiff, Wjbo was near the. deceased child wbieh it received its fatal injuries, was brought in and examined, but notir fag definite was elicited. Constable C >yle deposed to having had a log pointed out to him at; which the child was burned, vnd be traoed the track which she bad taken by pieces of burned debrig which! marked it. , Cross-examined by Mr BakerThere was a fire on the otherside of the fence in Burgess' land on the day of the inquest. { It was a usual thir.g 1 for people to burn 16gs in their pad* docks, ; jDid not think any reason', able man would anticipate such an accident - •

> To his Worship— Should think harm Was being. done by the fires, as it had burned the grass, but the benefit derived from clearing the logs would perhaps outweigh that. This being the plaintifFs case, Mr Baker addressed the Bench on the points of law involved.

After argument the case was ad journecl to next Court day to enable His Worship to consult the numer* oils authorities quoted by both sides and it was understood that if he ruled against' the defencon the, points of law raised, he wi'lgive due notice •o that Aft Baker may produce his witnesses.

R. Hunt was granted immediate execution against the Bangitikei Fibre Company, on the application of MrEiam, and the Court then adjourned to the 15th Mny.—Advoca te.