RESIDENT MAGISTRATE’S COURT.—GISBORNE.

Poverty Bay Standard, Volume XI, Issue 1357, 18 September 1883, Page 2

RESIDENT MAGISTRATE’S COURT.—GISBORNE.

(Before J. Booth Esq., R.M.) Monday, September 17. Mrs Clakke v. The Union Steamship Co. This was an action brought by the plaintiff to recover £lOO compensation for an injury sustained, by breaking her leg, in landing from the steamer Manapouri, ou or about the 13th day of July last, caused through the carelessness and negligence of the officers of the said steamer. Mr Turton appeared on behalf of the plaintiff and Mr C. A. DeLautour for the defendants. The following is the evidence for the I V. C. Nightingale : I am fourth officer of the Manapouri. I remember the trip in question from Auckland to Gisborne. We arrived about the 13th July. I w..s on duty when the ship was ten- ad for p-ssengers. I was tendering the gangway ladder at the top. The ladder is attached to the ship and is used when there is much swell on. On the day in question there was very little swell on. The carpenter was on the platform at the bottom of the ladder. I helped Mrs Clarke down it. I went down the ladder with plaintiff all the way, and was with her on the platform. Capt Kennedy ami two others were ou the Noko, and I believe hud hold of her at the time. Kennedy had hold of her before I let go. I cannot swear that two had hold of her. I believe some one said “ Let go,” and I did so. There was no difficulty with any other passengers wnatever. I was very careful with Mrs Clarke, because I understood she was crippled. To Mr Turton : Mrs Clarke had called my attention to the fact that she was a cripple. Coming down the ladder, I was in front of her. 1 was holding both of her hands, I think. Capt Kennedy, of the Noko, was standing at the gangway, and received Mrs Clarke. The other two persons were passengers of the Noko, 1 think. I don t think there was a sufficient swell at the time to make the steamer part eight or ten feet. The

day was quiet, and very little swell. I was more swell on in the bay to-day Wan at that time. The time plaintiff was injured the Iboat was no distance from the steamer. I waa holding her at the waist, d I think Kennedy had hold of her there, and the other two had each hold of an arm. bhe landed on her feet, as any ordinary person was landed. I belie'/e she made un exclamation. I saw some one assist her to a seat. She then had her handkerchief up to her face. I think I sa’,v her two or three times during the voyage, and she used to limp about without uelp of anyone. C. Stewart; I am ship’s carpenter on the Manapouri. I was on board in July when she arrived from Auckland. 1 was on duty when the passengers were lauded. 1 was discharging the cargo and receiving passengers. The passi mgers were traushiped at the accummuda Hou ladder. 1 was at the foot ot the ladi ier, on the platiorm. There was an officer last witness) who came down the ladd.er with a lady. He was beluw her, steudyin g her by the hands. The tender was lying sJuugside, about eighteen inches below lhe ’platiorm. The height would be from two Lo three ieet witn B bhe swell, 1 saw Mrs Clarke step ou to the tender. There were either two or three helplug to receive her ou the tender. lam sure they hud hold of her. There was au ordinary swell un. There was no trouble with the other passengers.

i’o Mr Turton : It is not awkward to step on to the Noko, The ladder was over Lhe Nuko's gun wale. Sue would step from tue platform ou lo a small hatcii, about eighteen inches or two feet below. Between Hie hatch uu<4 the gunwale ol theNoko is narrow —about eighteen inciies. 1 am certain Airs Clarke was lauded ou lhe halch, aud not beiwe'ja the gunwale aud the halch. She ol her o wn accord tried to step, as near as 1 can remember. Captain Kennedy still held her nil she came on the hatch. As sue Daided 1 did not see the Captain swerve 'round as if the swell hud caused it. Airs Clarke landed fair on her feet. By the way she came down, 1 thought there was something wrong wiixi her. 1 thina. she gave a cry as she Caine down. 1 did not notice whether she shed tears or not. As she lauded she dropped down on the deck, ou the hatch. 1 could not say whether she picked herself up again. I did not see her goiug to a seal, subsequently 1 saw her siding on the combings ol the hatch. Tue other two men on the x\oku 1 think were seafariug men. 1 know a man ou the Koko culled Charlie. 1 think he was on board the Noko that morning. 1 could not say whether he was one who assisted Mrs Clarke to laud. 1 did not see any one from tue bow oi Lhe boat put out his bauds as it to assist her. 1 uid uot see Charlie ao it. lam certaiu Kennedy had fair hold oi Mrs Clarke beiore the fuuriu officer let go. If Airs Ciarke was tu say Kennedy never had hold oi her, that would be untrue. It is unirue mat sue was puiied on to the Noko by anomer person Lliau CupL Kennedy, as bum boats palled with uie swell. 1 say distinctly sue was not puliea lu by the haud. i Was slaudiug on CUe platform oi me ladder, and 1 uoiud see everything. 1 have given a correct statement, as 1 saw it. There were oilier lady passuugeis discharged that morning. 1 couid nob suy it uuy children were. We aid nut have lu wait uuy time to discharge mem.

Capt Bogan : 1 urn Captain of the Muuupotiii. 1 remember this tup. VV hen we were dlscuurgiug the passengers the weuLhei was very good. I'ne steamer w , us anchored at the time. 1 saw xVlis Clarke dischargcu. 1 have heard the iuurth officer’s sbubemeub, which is correct. Mure cure Was taken wim Alls Clarke tnan with other passengers There Was no more swell lu the Bay iuuu, than whab the witness said. The lauder io a good one, aud the platiorm is linn aud level

To Mr Turton: I could not swear that Captain Kennedy hud hold of uer. The distance from the platform on to the hutch of Che x>oko was about eighteen inches. 1 saw xVirs Ciarke alight ou her ieet on the hutch—then she ieli dowu heavily. toonie one hud noid of her then, bhe uid not rise, and some one moved her to the other side. 1 don’t tniuk she got ou her ieet again. When she alighted, 1 thought she had hurt herself, us she cried out “ Uli!” biie made uo complaint to me. No one ever mentioned to me that slie wus hurt. In my opinion she did not alight more heavily than uuy ordinary person of her size and weight wornd, 1 saw some one hud hold of her by the hand, but 1 did not see anyone pull her by Lhe hand, 1 think 1 know Cnunie, of the Noko. J. am prepared to contradict xVlrs Clarke if she says that Charlie had noid of her H'heu she landed on the Koko.

lo His Worship; The size of the Noko’s hutches is about live or six ieet.