RESIDENT MAGISTRATE’S COURT.—GISBORNE.

Poverty Bay Standard, Volume XI, Issue 1358, 20 September 1883, Page 2

RESIDENT MAGISTRATE’S COURT.—GISBORNE.

(Before J, Booth Esq., R.M.) Tuesday. E. C. Bolton v. C. R. Bolton— Claim, £5 Mr Sheru for plaintiff. Judgment for the amount with costs, Bs. .Nicholas & Co v. Poara —Mr Keuny lor plaintiffs. Claim £5 14s Bd, for goods delivered. Judgment for the amount with coats of Court, Ils. Nicholas & Co v. Whiriki— Enlarged lor one moutn, Nicholas & Co v. Hepehenui— Claim on a judgment summons. Air Kenny for plaintiffs, and Air Rees for defendant. Air Rees .1 luted the defendant was unable to pay the iinount. He hud offered to pay it in three mouths, but they hail refused it. After hearing the evidence the Bench decided not to make an order. Davis v. Devekny— Claim £3 10s 3d, for goods sold. Judgment for the amount and costs. Mrs. W. Clarke v. U.B.S. Co. Mr Whitcombe fur the plaintiff, and Mr J. A. DeLatour for the defendants. The following is the evidence for the olaintiff, that of the defence being published in our lust issue. E. Clarke: I know the L3th July 1 was a passenger on the M.inapouri to iisborue. The accident was caused by Cnarlie De Terry, pulling me on to the Noko, as she parted from the Manapouri caused by the swell. When he took hold of me I was standing on the stage of the gangway. He took me by the left hand. I did not go down the gangway by myself. On»f the officers assisted me. Ido not know which officer it was When Charlie took nold of me, he (officer), had let go of me. At this time I was in bad health, and wah suffering from rheumatism. I could walk without a stick. The officer was aware of .■■his, aud I asked him to take care of me Char.ie was standing on the deck of tile Noko when he took hold of me. The Noko was moving, caused by the action of th* ■*well. The staging ’’ io w-s not over the Noko. When I stepped from the platform uo the Noko, both boats were parting from each other. I did not step clown of my own accord. Charlie took hold of my hand and pulled me. He did not speak to me at all. Capt. Kennedy was standing on my right hand He was near enough to touch m-, »ut did not do so until I fell. I fell becau -i 1 was pulled by the hand by Charlie De ferry, and the Noko parting. I should hav< been allright if he had left me on the platform. I think two gentlem.n and Capl. Kennedy picked me up Ic' .inot remem •er whether Kennedy said any.! ’ >g to in•r not. I was carried off the launch by Mt C. D. Berry and two or three others. I saw o'her la<lv passengers, go down the lidder They v ere accompanied by the same officer I think. I cannot say if they were received •n the Noko by the same two The officer did not ask me if he should send me down in he chair. lam certain he let me go before Charlie took hold of me.

Drleggitt—l reirember July last bein called in to see the plaintiff. She hid » bone broken in her leg. The bone could be broken by the fall. 1 have heard the evidence for the defence. I think it quite possible tha‘ her leg could !• ■ broken as stated in it. I am certain Mrs Clarke must have come down ver y heavily.

D. Marchie—l am a resident of Gisborne I was on board the Manapouri on the 13th July. Whilst out there I heard of Mrs Clarke’s atcident. I did not see the acci-

dent. I saw her coming down the gangway. I could not say who was carrying her. I saw Airs Clarke on the steamer. 1 did not hear her speak to any of the officers. When she was walking on the steamer she was going very slow. To Mr DeLautour—Mrs Clarke was walking without the aid of a stick on the steamer when I saw her.

Chas. Edmunds—l am agent for the U.S.S. Coy. here. I am unable to say whether it is the custom of the Company iii case of invalid passengers, to sling . them down in chairs or put them over the ’ side by the ladder. I have been two years in the service, but have never acted in a roadstead before. Ido not know of the agreement between the Company and Messrs Kennedy and Bennett. I can obtain a copy of the same.

This concluded the plaintiff’s case. Mr DeLautour said he had not asked the witnessea any questions because he thought that nothing had been shown therein to Sr jve that any negligence ou the part of the efendunt’s had taken place. From Mrs Clarke’u evidence it was clear she was accompanied down the steamer's aide by an officer, and he was instructed to be careful with her. The evidence that had been tendered did not prove there was a large swell on at the time. If his learned friend said there was he would ask to have the evidence read right through. [The evidence was now reacL] He submitted that no case had been mule out against the defendants. Nothing had Been brought to shake the evidence for the defence. The officer gave his statement and the carpenter and captain corroborated it. The Company had come into Court simply because they were compelled, and they had to resist all such claim* as these, if they did not they would always be mulcted for damages. He considered that if the plaintiff had made a proper application a the Company she would have received compensation.

Mr Whitcombe replied, briefly pointing out that the officers of the steamer Manapouri had not taken the precautions they should have done, that they should have seen the plaintiff landed safely on the Noko, which they did not do, hence the negligence c -mplained of. His Worship gave judgment for the amount of damage* L4O, and costs.