DISTRICT COURT.

Nelson Evening Mail, Volume XIII, Issue 146, 18 June 1878, Page 2

DISTRICT COURT.

[Before His Honor Judge Beoad.] Thiel v. The Cobpokation op Nelson. Tbe Court resumed at 7*30 last night. H, Warren stated that ten yeara ago he purchased the stones for the pavement which was put down by the Board of Works! On the day the accident happened the place had been swept clean and sawdust put down and there was no grease ahout. A day or two afterwards he said he should like the stones to be removed, and they were taken up by the Council's orders. H. V. Gully, Town Clerk, aaid that the

.Corporation, bad; levied rates for 1876 and' ! J1877 on : property in Bridge-street^ an'd general repairs: there i had been executed under the City Surveyor. Cross-exfimineds He had never received I auy complaint about the pavement, nor could he find any in the records of the Council or | old Board of Works. This closed the evidence for the plaintiff. Mr Conolly argued the legal points involved at considerable length, and.conteuded | that the defendants Were not charged with the alleged duty, that they had no knowledge | bf the j-javehient beiug dangerous, ahd that thete bad been ho negledt on their patt, iind eonßeqwentiy that there wa3 tio Case made out. Mr Pitt having replied, His Honor said that the principal questions were:— Was the pavtemerit dangerous? Had the defendants khbwleage or ample meaiii of knowledge that it was so? There was, of course, also the importaut question of whether the Statute charged the defendants with the alleged duty. v "These he should havj£ to consider. 7: 7 '.'. a *■- l, The eH-deniSe iot the "delence was then taken. .._,-... , ; .. K .... _._ ... ., ... .7 _.„ , William Lightfoot; I iim City Surveyor. About 7 the* middle of- December in' eonse** quence of what Mr Mayor Waters told me I , took up the stones in front of Warren's and substituted gravel. This was done at the " request bf Mi 4 Warfeb." Tfie pavement was put .dpwh ih'l ß6B. As City. Surveyor I hate Uever. retpefted, abjr '. bompliiiiit abotlt the stoiles. I did not cousider tliem daugerOus. It is provided uf the Cily bye-laws that similar stones should -be us\ed iu crossings ori the footpaths., Thb crossing to the flank of New Zealand is precisely simitar. There are crossings of a similar kind: in towns in Eng- , land. "York pavement," which is much used at home, is far moie slippery than these stones. I- don't think that anyone, using ordinary care ought to slip ou such a pavemept. Crbss-eianuued: t never until last week heard of anyone slipping on the pavement. I should say the stones there were finished on the top in a similar manner to those at the Bank of New Zealand.

David Buriist I was a member of the Board of Works for many years, and for a time wns a Councillor, I never heard of any complaint being jnade, about tbe pavement. I have -frequently ~ walked over it myself, and" never saw any reason for thinking it dangerous. , r/hafejeeu similar pavements in large towns in Scotland used da s. roadway. I don't thiuk auyone using ordinary care would slip upon them unless there was something on tbe stoiles. Crosseiaminedi The streets I speak of in Scotland are not frequently roughed. J. 11. Dodson: I was the first elected Mayor of Nelson. I was part of two terms in. office, and am now Mayor again. I was also a member of the Board of Works. I never heard of any complaint regarding Warren's pavement. I bever considered it dangerous myself. I have seen many similar pavements in large cities in England aud America. I think ifc a very good but a very expensive pavement. I have walked over more dangerous pavements in Londou, for instance, round the Bank of England. James Holly man: I am a bricklayer, and have resided iu Nelson for nine or ten years. I have often been in ancl oufc of Warren's shop during that time. I did nofc consider the pavement more dangerous than the kerb stones. I have slipped in London fat- more frequently than I have ever done here. James Smith had been in the habit; of walking over the pavement a greater or less number of times every clay since it was first laid dowu, bufc never found it dangerous. W. C. Wilkins had lived in Bridge-street; about 8 years. Had walked over the pavement every clay. Never found ifc dangerous. Had seen raany crossings of a similar character in English towns. J. C Moutray had frequently walked over the pavement during the last nine years, bufc never slipped. upon it7 Did not think it dangerous in the slightest degree. In towns in Scotland such a pavement was very common in street crossings. J. McConkey bad lived within two doors of Warren's for five years. Frequently crossed the pavement, but never found it dangerous. Never heard of an 'accident on it. ■ " Cross-examined: My wife has told me she once slipped on it. This closed the evidence, and Mr Connolly then summed up the facts tbat had been adduced. Mr Pitt then answered the legal arguments brought forwaid on the opposite side, and'Mr Coriuoliy . having replied, His Honor said he should take time to consider _the case, and the.Court roseafc 11-45 ptm. - We understand that judgment will be delivered on Monday nexfc. ,