SUPREME COURT.—IN BANCO.

New Zealand Times, Volume XXXIII, Issue 5293, 13 March 1878, Page 3

SUPREME COURT.—IN BANCO.

Tuesday, March 2. (Before his Honor Chief Justice Prendergast). PATERIKI TE KIBIHEKE V. J. D. ORMOND. This was an application for leave to appeal against a judgment on demurrer. Mr. Bell appeared for the plaintiff; Mr. Edwards for the defendant. The application was granted, by consent. TAMOANA V. ORMOND. Application for leave to amend a deolaraclaration on payment of costs.—Granted. EVANS V. HORSFALL. This was an appeal from the .Resident Magistrate’s Court at Poverty Bay. , Appellant, who was captain of the steamer Rangatira, had been sued by defendant, a draper at Poverty Bay, for damage done to certain goods through the steamer grounding at Napier, and in that case judgment was given for the plaintiff Horsfall. Mr. Edwards, on behalf of the appellant, argued that Captain Evans was not liable for the damage done, inasmuch as the vessel was in the hands of a pilot at the time, and she was compelled, by the Marine Act, 1867, to take on a pilot. , . Mr. Hart, for the other side, contended that the case, as stated, did not sufficiently show that the vessel was compelled to take s, pilot, nor did it clearly show that the damage arose wholly from the fault of the pilot. His Honor reserved judgment. The Court then adjourned.