DISTRICT COURT.

Nelson Evening Mail, Volume XIII, Issue 145, 17 June 1878, Page 2

DISTRICT COURT.

[Before Hia Honor Judge Broad.] Thibl t. The Cokporation of Nelson. Action to recover £200 damages. Mr Pitt appeared for the plaintiff, and Mr Conolly, with him Mr Acton Adams, for the defendants. Mr Pitt said that this action was commenced on the 23th April last, but through

certain proceedings taken with the view to having the case tried in; the Supreme Court ; it had been delayed until now. Owing to the Corporation allowing a footpath to bedangerously pated Mr P.:H, Thiel, £the plaintiff, slipped and fell in December last,! and broke his leg, for which he claimed £200;-. damages. The defendants had denied all the' material allegations. The facts were these. Plaintiff had at one time beeu a storekeeper at Westport, and in December was about to enter into business agaiu, for which purpose he had come up to r Nelson to purchase produce, of which he had bought a quantity in the country districts. He had been irito Mr Warren's ahop to purchase bacon, and on coming out he slipped and fell and broke his leg. He was conveyed to the Hospital," and for several months was prevented from following his occupation. The footpath was paved some time ago by the then ruling body, in conjunction with Mr Warren, with boulder stones having a smooth and slightly curyed uppei?jsurface£ the result being that there waif artery dangerous footbath, Eh- > mediately, after the accident the afone's weie ' taken up by the Corporation bn "{tie receipt ,bjr the jitayor of a letter .from Mr Warren, . ;He (itKPitt) would prove Ky seve'raT "witr* ■ nesses- that the pavement was veryiidangert::. ous, and would produce two persons who had fallen and threq or/fpur who hadslipped.f vTfie defendants were perfectly aware of thedanger, or; n't nil event's, had the "means of 1 kuowing itj andj^heref ore, were responsible. He therijcalled "/J it \ x \- - : ' : - '» / Philip tre^erick' Tliiel , who stated thai he was a storekeeper at westport, and in Ue-cember-came to Nelson to purchase produce. On the 15th he was iv Warren's shop, and on coming out slipped on the boulder stones, fell, arid broke his leg He was laid up in the Hospital for two ruonths,and was for a long - time unable to pursue his usual avocation. His leg had been broken about four months previously; at .Westporty.but it had gbt strong again, and he was. able to travel about;. ( Cross-examined by Mr Conolly \ The first time my leg was broken was by stumbling over a sleeper on the beach. The last time ,it was the same leg, which broke in the old place, and also just above it. I was two' months in ' the Westport Hospital. " It was not quite so strong as the other leg. I had bean twice or three times to Warren's before the accident^ I did not |ake, any note of grease" or -anything oh "myVbboi picked up from "the" butcher's 'shop/ Had there "been any on thern\l^think I; should have inotiqed it., The stones were^noV^ressed'flat 'qn| th& top* 1 It was on "taking the first step out that* I fell. - I had been out. of business.for .two, years, and was just starting again. •• I havenot been doing anything since I' leffth^ Hospital. I have, been waiting for tKis action to come off/ H. E. Curtis knew the pavement. well, the> stones i of : -which were dressed on the sides;" some of them being undressed on the top oil which they were dome-shaped. Had several times slipped when walking on them,- They were constantly watered and were more dangerous when wet. Never made any formal, complaint about them. •', •• . . J;-Cross-examined; The pavement was laid in the time of the Board of Works: 'He was iQ the habit of crossing it several times a, day. Never noticed any scraps of meat on the pavement which: was always kept reniarkably clean. The meat was always taken in arid put of the shop over the pavement. \ James Barton:' I have been dispenser at the Nelson Hospitalfor 20 years. I knew the pavement in front of Warren's shop. It was laid down five years ago. Some of the stones were undressed on the top. On one occasion I slipped on it and fell on one knee. It might have been owing to grease on the stories, but I did not notice any. Some of the stones might be dangerous. Cross-examined: Might not a man slip if he stepped carelessly on a kerb stone. — Witness : Yes. — Probably you have seen people slip down in the mud.— Witness: I have often seen a man put his foot in it. — Were' the stones more dangerous than the steps in front of Mr Pitt's office.— Witness: ; I can't say; I always avoid lawyers' offices. ; Re-examined : 1 told Tbiel when he came to the Hospital that I had slipped on the atones, but I did not know then h.e was going to bringran action against the Corporation Chagleg parting knewi the pavement; * The' stones were squared, biit the tops -were sloping. I was one day walking up and down therewith Mr Rother, and we both; slipped twice." r said 'we ha'd,better gd elsewhere, as I had slipped there lief ore; . - ' •• -i '.'■ S. W. Nicholls : lam, landlord of the Ship Hotel. When I first came to Nelson, and did not knowiiih'o nature p£ the stones, /I slipped on the pavement, and, was nearly on my back;. three or four- times. Afterwards jf always' avoided it. Plaini^in: has*' been 'staying with. me since he left the Hpspital., He has paid me 'something', but I' cannot say how much. .»,The stones -were dangerous, aud had a face like glass on them. ; Cross-examined : The" "plaintiff is in my debt some £10 or £12; / He has been.lodging with me since February. ' ' '"" ' At -.this stage of the ; ; proceedings,. Mt Pitt' , saiii that two of his wereiabsent "itf the country, and .he! asfiediforiariladjournment until three o'clock, in order to allow of hi 3 telegraphing to Richmond for them; The Court adjourned accordingly. . f On the Court resuming Mr Pitt stated that he was sorry to say Mr Warren, one of his witnesses, was still absent, and asked for a further adjournment::until .7 -30.1) :H6 fixed this" rather unusual . hour as he understood that Mr Conolly was desirous of leaving by the Wellington tomorrow. His Honor intimated that he should not give judgment to-night. ...