THE FOOTBALL CASE.

New Zealand Times, Volume XXXIV, Issue 5586, 22 February 1879, Page 3

THE FOOTBALL CASE.

At the Resident .Jagistrst.,'.-- Court yesterday, before Mr. Mani-fm-d. I'. 01.., A. 33. Campbell v.as rurni.ooned by TJavM Bell, for the sum of £IOO, us damages for injuries sustained to his son by being knocked down and having his leg broken by the defendant, during a football match which took place oa the Basin Reserve in November last. Mr. Allan appeared for the plaintiff, and Mr. Bell defended. In opening his case, Mr, Allan said that the Basin Reserve was a public recreation ground. At the time of the accident a football match was being played. He understood from the witnesses—he knew nothing about the game himself—that the portion used for the match had a ring round it. The boy was quietly standing several feet from this ring. Tile hall was kicked out of the ring or boundary, and was pursued by Campbell, the defendant, who ran against _ the hoy, knocking him down, and broke his leg. Witnesses would he called who would clearly prove that with due precaution the accident might have been prevented, and several gentlemen remonstrated with Campbell for running over the boy. Mr. Allan submitted that the case was a very clear one. The ground was a public recreation ground, and persons causing any injury were liable for it. In the case of a cricket ball it would he very different. If an onlooker were struck with a cricket ball, it might very well he argued that the player could not tell in what direction the ball would go, and therefore would not be held responsible for it. That was, however, a very different case from the present. After the accident something was said to Campbell about paying doctor’s expenses, but this had never been done. Mr. Allen again urged that the defendant was liable for the damage. James Ames deposed that he had been connected with the Corporation for many years. He knew the reserve known as the Basin Reserve. Spectators bad a right to go in there when games were going on. The public were often invited there. He was there when the plaintiff had his leg broken. There was a line of demarcation placed on the ground. There were a number of flsgstaffs to show the boundaries, and a goal at each end. He knew the boy who had his leg broken. He was standing about fifteen or twenty yards behind the goal. Witness was forty yards from the boy. Saw Mr. Campbell running after the ball. The ball was kicked past the goal, and he (Campbell) followed it and came in contact with the boy standing behind. He ran over the hoy. On returning he looked at the boy, and then returned to the other players. Somebody said, “Come on, he is all right.” Witness said, “ That boy is hurt,” and made towards him, and a number of other persons followed, On examining the boy found his leg was broken. The footballers by this time came down to see what had happened. The boy was then carried to his home. Saw nothing more of the defendant. The game was continued. He believed it was a pure accident. Believed that Campbell might have avoided running over the boy. It was on the north side of the field. By Mr. Bell ; Had often seen matches on the ground. Knew nothing about the game. Witness then explained the position of the aide boundaries and goals. No one followed Mr. Campbell outside the goal line. Some players followed him close to the goal, and then left off running. The lad was standing somewhere about the running path. The goal posts are about 15 yards from the path. Could not say whether the boy was running across at the time he was knocked down. Could not say whether Campbell kept the ball or not. Was sure Campbell did not sing out “ his leg is broken.” Noticed that when the club knocked one another about they got brandy, and looked after each other. On this occasion they did nothing for the boy. Thought that the players behaved very unkindly. Carl Peters gave corroborative evidence. Dr. Watts gave evidence as to the boy’s injury. His fee was £lO 10s. Robert Elliott, ex-publican, George Bennett, Charles Haslam, Alfred Coleman, and Charles Judge gave similar evidence to that given by the first witness.

David Bell, father of the hoy, deposed that the medical expenses in connection with the accident were £lO 10s. He considered that Campbell had treated the hoy very coolly. The club promised witness to pay the doctor’s fee, and give the boy £5. He had often called on Campbell, but could get no satisfaction. A. If. Bell, the hoy who had his leg broken, stated that he had often been on the Basin Reserve watching football matches. This was the plaintiff’s ease. Mr. Bell, for the defence, said those gentlemen who had stated that Campbell was not pursued were entirely mistaken. He was prepared with ample evidence to clearly piove that Campbell was most closely pursued, not only before the goal, bat also behind it. He reminded his Worship that the hottest and keenest pursuit occurred behind the goal posts. The ball in this instance had been kicked past the goal line. Campbell, as a matter of course, was trying to touch the hall before Cowie, who was just behind him. Mr. Bell here explained that if Cowie had touched first he would have a try at goal. He would show by the Rugby Union rules that such was the case. He submitted that the boy should have known that he was standing in the most dangerous part of the field. Under the Management of Civil Reserves Act, 1862, a portion of the reserve had been set aside for cricket and other games, consequently the players had a perfect right to be there.

Sir. Allen said that he did not raise that objection. Mr. Bell then went on to say that if one of the players not in hot pursuit had knocked over the boy the matter would have been very different. Probably in such a case he would be liable, because he might have used more precaution. He thought that the plaintiff should be nonsuited (he would not ask for judgment to be recorded against him) on two grounds. First, there was no negligence on the part of the defendant; and secondly, he would show that the plaintiff was guilty of contributory negligence in standing on the field. The following evidence was then called:— B. Goring deposed that he was on the Basin Reserve at the time of the accident. He saw the ball kicked across the line. He saw Campbell following the ball. Saw one of the players closely following Campbell, about three feet behind. From what he saw, Campbell tried to jump over the boy, who was straight in his way.

By Mr. Allen : Am not a member of the club.

Sir Osborne Gibbes deposed that he was on the Basin Reserve at the time of the accident, and also swore most distinctly that he saw one of the players close on to Campbell’s heels.

Arthur Morrab, Robert Black, Thomas M. Cowie, C. A. Knapp, and Duncan Cameron gave similar evidence. A. B. Campbell, the defendant, deposed that he was playing “ back” between where the scrimmage took place and the gaol line. The ball was brought out by Mr. Cowie, Witness turned, and made for the ball as quickly as possible. He heard cries of “Go it Campbell.” Cowie was just behind witness. He saw the boy in his way, and endeavored to jump over him. In doing so he kicked the boy on the leg. He found that something was wrong, and did not part with the ball. He did not move the boy, because there was nothing to put him on. Witness stopped by him until he was carried off the ground. J. Churton alse swore positively as to Cowie following Campbell. This concluded the case. Mr. Bell cited numerous Acts bearing on the case. His Worship said he would take time to consider the case, but intimated that his sympathy was with the boy. He would, however, look carefully over the evidence, and also the Acts cited by Mr. Bell, and give judgment next Friday.