THE TECHNICALITIES OF THE LAW.

Nelson Evening Mail, Volume XV, Issue 246, 8 December 1880, Page 2

THE TECHNICALITIES OF THE LAW.

To the Editor of the " Evening Mail." Sir- In the news columns of your Monday's issue you simply inform your readers that a Mr M'Pheraon has obtained a verdict of £700 damages against the Corporation of Batburst in Kew South Wales. Regularly receiving papers froni tbat colony perhaps I am in possession of more knowledge than most of your readers of tbis affair, to which is attached more interest than ordinary cases, as showing the length of a legal ladder sometimes required to reach the top. of the tree of justice. Had lat the time of the occurrence thought the cape would have been attended by such complications I would have made a more precise observation of dates and circumstances; however the whole affair may be briefly summed up in a few sentences:— Tbe Corporation bad left a drain unguarded, into which M'Pherson and his horße fell, he receiving severe injuries, andi believe the loss of his horse. He entered an action for heavy damages, but lost his case, whether by nonsuit or by the misdirection of the judge I do not remember. He applied to the Supreme Court for a new trial, and this was refused. Not satisfied with this denial heappealed to Her Majesty's Privy Council, when their Lordships decided that he was justified in claiming a new trial, and gave orders accordingly. On the receipt of this information M'Pherson again applied to . the Corporation for compensation, and offered to compromise the whole affair in consideration for the sum of £600. The Mayor and Corporation, not inclined to take the responsibility of paying this demand on themselves, called a meeting of the ratepayers to discuss the question, when the demand was refused by an overwhelming majority ; but by your paper it appears that at this second trial M'Pherson obtained a verdict for £700, and of this I entertain no doubt, and considering his perseverance I think he deserved it ; but lam not lawyer enough to know if the Cor-, poration had to repay Mr M'Pherson the: £300 he was obliged to deposit with, I sup-, pose, the Sheriff, before his case could be; entertained by the Privy Council. Thinking (his doubtful and complicated action may be read with interest, I am, &c, Robt. Mason. Nelson, December 7, 1880.