DISTRICT COURT.

Nelson Evening Mail, Volume XV, Issue 208, 25 October 1880, Page 2

DISTRICT COURT.

[Before His Honor Judge Broad.] In the matter of the will of WilJiam Burton, probate was granted, on the application of Mr Percy Adams, to the widow, the sole In the matter of the will of William Haskayne Jones, probate was granted, on the application of Mr Bunuy, to the widow, the sole executrix. ; In the matter of the will of William !Hildreth, probate was granted, on the application of Mr Fell, to the Yen Archdeacon Mules and Mr Cook, the executors. lie James Parker, a bankrupt. On the application of Mr Bunny, the bankrupt's discharge was granted. liolert Hamilton v. J. P. Lowe. This was an action to recover £150 for injuries sustained by defendant negligently discharging steam from a pipe on board the steamer Taiaroa while lying at the Government wharf. The defence was— (l) That the defendant denies all the material allegations, in the plaintiff's particulars of demand; (2) That any injury incurred by the plaintiff was in consequence of the carelessness, negligence, and disobedience of the plaintiff ; (3) That the plaintiff was unlawfully on the wharf at the time the injury was received. Mr Fell appeared for the plaintiff, and Mr

Bunny, instructed by Mr llichardson, for the defendant. Mr Fell in opening the case said that the plaintiff was a boy of 13 years of age, who in January last was fishing from the wharf at low water, when the steamer Taiaroa was lying there; She had finished discharging, and nothing was doing on board at the time. The steamer was provided with a steam apparatus on the forecastle for raising tbe anchor, and Mr Lowe, the defendant, who was the second pilot, was anxious to show this to a friend named Leech whom he took on board. He had no duty to perform, and was there as a perfect stranger, and knowing nothing at all about the engine or how to handle it, he suddenly turned the Btearu off, which came directly in contact with the plaintiff, inflicting such injuries upon him that for four months he was laid op at home suffering the most horrible tortures, and ultimately had to be removed to the hospital. At tbe present time, nine months since the accident, he had not entirely recovered, and one of the wounds still required dressing, and, as a matter of fact, a whole year of bis life bad been lost. Evidence would be brought forward to show lhat the defendant knew nothing of what he was doing and the only wonder was that he did not blow out the bottom of the cylinder by turniug off the steam as be did. The defendant hod virtually admitted his liability, and the only question, as it appeared to him (Mr Fell), tor the Judge to decide was the amount of damages to be assessed. Robert Hamilton : I am the plaintiff. I was 13 in March last. I bad been attending school for gome years before I was scalded, but have not been since. On tbe 6th Janunry I went with a lot of other boys to fteh from the wharf. I was. fishing fronithe end. of the wharf facing the harbor entrance at first, and .then went to near where the Taiavoa wns lying. I bad been sitting there for '& little time when all of a sudden a lot of water and steam came out of a pipe and scalded me. I had not seen Mr Lowe before. I had noticed the pipe, but; did not know what it was. The water struck me on the stomach, and then ran down my leg. I was knocked back on the wharf, aud commenced crying. 1 vyas wrapped up in a blanket and taken home. I still walk a little lame. The wound on one leg is still uuhealed. I was laid up at home four months, and was then taken to the Hospital, where I was four months. I saw Mr Lowe after the accident. Lie asked me whether he had not told me to go away and I said " No, Sir." I never heard him tell me to go away, I had not been fishing near the siern of tbe boat. Cross-examined: I left home at half-past ten with my little brother. Tbe accident occurred about half-past one. There were a lot of boys there when I first got there. Several of them went away about twelve. no one was near me when I was sitting by the Taiaroa. lam quite sure I did not see Mr Lowe. I did not hear him tell me to go away. I have been at school about nine years. I was attending school at the time of the accident. I bave done nothing since. ■ By the Court : I did not at any time hear Mr Lowe order the boys to go away. Claud Ball : I was at the wharf on tbe sth January before the Taiaroa came in. There were a lot of boys fishing there.- I was at the cud of the wbarf facing the harbor entrance five or six yards from Hamilton when the accident happened. When I first saw Mr Lowe he was on board, going up from the , main deck to the forecastle. I did not hear him say anything. I saw him examining the machine. There were one or two others with him; When tbe steam rushed out the boy jumped up and ran about screaming. Annie Hamilton: lam the mother of the plaintiff I remember his being brought home from the wharf on the sth January. He was very badly scalded and was almost dead. He remained in the house till tbe 1 7th May. He was in bed the whole time and required great care and attention. He was at first under Dr IParrelle and then under Dr Collins. He suffered fearfully and it was heart rending to hear his cries. The doctors attended him regularly and somei imes twice a day. He had to be carried into the hospital and was there till tbe 3rd August. He was much better when he came back, but could not walk much. He w»b an out patient after that for some time. A wound about the size of a shilling is still unbealed and requires dressing every day. He was scalded on the face hands and leg. If he walks about much now the skin seems to get ruffled and broken. Tbe leg is a little shrivelled." Cross examined : We never thought of sending the boy to tbe hospital at first. There were twenty-one pieces of skin cut out of my arm and grafted on tbe boy's leg, and while that was going on he could not be removed He is gaining strength every day now through care and not. being allowed to take too much exercise. I frequently visited him at the hospital. I could see that be was improving there, I didn't hear Dr Collins reason for saying that the only chance for tbe boy was going to the hospital. He had said some time before we sent him that he ought to go. The boy has never been in any employment. He has always been at school. Re-examined : I had shown evary care and done everything I could for him in accordance with the doctor's instructions. t)r Collins . never complained of the treatment the boy ; received at home. Dr. Collins : I was called in to see the ! plaintiff on the 27th February, and I at- ■ tended him until the 3rd May. When I was ; first called in I found him suffering from a large superficial wound on the leer, extend- '} ing from tbe upper portion of the thigh to tbe knee. The skin was gone and the subcutaneous tissue, but not the muscles. I dressed the wound daily. He suffered great pain. I tried skin-grafting, and at first the grafts answered, but the boy got lower and I lower, and at last had not sufficient vitality for the grafts to strike. He was in a small and unwholesome room, and 1 suggested bis goiug to the hospital, as I thought the change .would be beneficial. The parents never opposed hiß going there. There was a very slight delay in removing him after my making the suggestion, From tbe nature of the wound there must be a slight amount of contraction. It is impossible to say yet to what extent that contraction will go on, but I should say that it will probably sffect the jaction of the leg.. I should not like to bave a boy of mine in his present state. I think ■every care and attention was beßtowedon [the boy at home. The boy was quite unable ;to engage in any ordinary household duties during the. time I was attending, him. It would not be desirable that ho should chop wood or carry any weights yet.' : Dr. Boor tf I am resident surgeon at the hospital, where the plaintiff was brought on the 17th May suffering from a scald inflicted tome four months previously. The wound waß then superficial. The change of air to the hospital, where he was in bed for a .month, favored his recovery. It was about six weeks before he could move about. Wounds of that description are always painful and tedious. I dressed it every day for a month. I don't think it was an inordinately long time in healing. The boy will require a good deal of care yet, though regular exercise would be good for him. If be is taken care of for another three months I don't think there is any fear of any bad results. Michael Hamilton : I am tbe father of the plaintiff. I am a fireman on board the Kennedy. I understand the working of an engine, and bave driven one myself. lam acquainted with engines such as that on board the Taiaroa. Had that been started properly by Mr Lowe the accident would never have happened, as there is a special cock for turning the water off first. I saw Mr Lowe on the Friday after the last action commenced. He said he wanted the thing settled, but we came to no terms. On the 7th January Lowe paid me £1. When we were talking over the matter the other day he said he did not send that money as compensation, but because he was sorry for us. He said he had always intended to make us compensation. Lowe has never in any of our conversations denied having been the cause of the accident. H. A. Levestam : If I was starting the engine in the Taiaroa, I should first clear the water off by means of cocks provided for, the purpose, Iffltarted in any other way'the bottom of the cylinder would j probably be blown out. Such an accident did once occur in Nelaon. If the' engine h8d A beeii properly handled the accident could not possibly have occurred. The pilot on board a ship has nothing to do with handling ;tho engines: He merely gives orders. ' "

Cross-examined : I don't think it is a pilot's duty to go on board before starting and see. that all the gear is in working order. This concluded the case for the plaintiff, and that for the defence was commencing when our reporter left the Court.