SUPREME COURT.

New Zealand Times, Volume XXXIV, Issue 5791, 21 October 1879, Page 3

SUPREME COURT.

CIVIL SITTINGS. Monday, October 20. (Before his Honor the Chief .Justice.) FARRELL V. o’.MALLET. Mr. Ollivier, with him Mr. Fitz Gerald, for plaintiff ; Mr. (Buckley, with him Mr. Stafford, for defendant. The following special jury was sworn in : Messrs. T. J. Ladd (foreman), W. E. Yaldwyn, F. Sidey, F. C. Binns, .1. Ames, L. Blundell, F. N. Campbell, W. C. Chatfield, Peter Bains, N. Marchant, J. Plimmer, and Robert. Somerville. This was an action for the recovery of the sum of £2OOO, damages for injuries sustained during blasting operations at Kaiwarra. The plaintiff, Joseph Farrell, was a ganger in the employment of the defendant on February 28, 1878, and had to superintend blasting operations. On the date named plaintiff was ramming home some tamping, when the charge ex ploded, the result being that he lost the use of one eye, and suffered other injuries, in consequence of which ho had to go to Sydney to consult an occnlist. The contention on the part of the plaintiff was that the defendant had neglected to provide proper tools for tamping purposes, iron bars instead of copper being used, hence the accident. For the defence it was contended that the plaintiff, as ganger, could have obtained any tools that were needed, and that the accident was the result of his own carelessness. Subscriptions had been raised by defendant for the injured man, and defendant also paid the expenses of his passage to Sydney. A number of witnesses, including tiie parties to the action, were called on either side, the case lasting all day. The jury at about 9.30 p.m. returned a verdict for plaintiff, damages £250. The Court then adjourned.