Supreme Court.

Manawatu Herald, Volume III, Issue III, 1 December 1891, Page 3

Supreme Court.

« Friday, 27 November. His Honour the Chief Justice was occupied the whole of the day in hearing a claim for £200 damages preferred by "William Smith a Chinese farmer of Otaki, against the local Hoad Board. It was alleged that on the night of the 10th March the plaintiff's wife fell over a box culvert on the road past the Jubilee Hotel, 11 which the Board had left uncovered and projecting above the beaten path and that in consequence of the fall she broke one of the small bones of her leg. The suit was brought to recover damages for the injuries thus sustained, for the surgical expenses incurred and the expences necessitated by the employment of persons to perform the injured women's domestic duties The defendant Board denied the alleged negligence in respect of the culvert, or that it was left in any state dangerous to passengers, and w also denied that they had control over the road. Moreover, contributory negligence on the part of plaintiffs wife was alleged, and it was stated that the exercise of ordinary care would have averted the accident. Mr Brown appeared for the plaintiff, and Mr Chapman for the defendant. Evidence was given for plaintiff's case by William Smith, Mrs Margaret Mary Smith, Mrs Mary Murphy, John Lorrigan, Allan Carmont, Constable Timothy O'Eorke, and Thos. Wren, contractor. For the defence* by Jas. Howard Wallace, contractor ; Lizzie Martin, cook at the Jubilee Hotel ; Robert Jillett, John Wm. Swainson, Edward John Armstrong, C.E., Henry Francis Eager, and John Edwards. Miss Martin lent a spice of humour to the proceedings by swearing that on the night of the accident Mrs Smith and Mrs Murphy came to the hotel and had two brandies each, and she herself fostered a spirit of " touch and go jocularity " by playing " St. Patrick's Day " on the piano, and that to the strains of this seductive air Mrs Murphy stood up and danced a jig. Mrs Smith's purpose in calU ing at the hotel was to get Miss Martin's company home, as the road was lonely, but Miss Martin did not go with her. At 5 p.m. the case was adjourned sine die in order that the evidence of Dr Collins may be procured. — N.Z. Times.