TUAKAU.

Pukekohe & Waiuku Times, Volume 5, Issue 181, 9 June 1916, Page 1

TUAKAU.

Claim Against Town Board Hearing Resumed. The hearing of (he claim of Edlaa Eleanor Mary Taylor for £2OO and £8 12a special costs against the Tuakau Town Board in respect of an accident s'je sustained last December as the result of alleged negligence on the part of the Board's employees, was resumed at a special sitting of the Pukekohe Magistrate's Court, before Mr F. V. Frazer, S.M., on Wednesday. Mr H. G. K. Mason represented the plaintiff and Mr Endean appeared for the Town Board. Walter Gubb deposed that be knew the road passing Mr Madill's bonemill paddock and saw three heaps of metal tbereon about six

months ago. One was between Thome's and Dwen's, on the lefthand side going towards the Waikato river, whilst another was between Messrs Glasgow's and Pirret's properties. The heap Dearest Thome's was a little over a chain from Madill's crossing. The third heap was lurther down the road near the Presbyterian Church. Witness took note of the metal heaps on account of having been a surfaceman in the employment ot the Franklin County Council and the Town Boad. He conßidced that tbe heap nearest Dwen's was dangerous. It was about ten inches high. There was plenty of room to have put it nearer the lence. It bad the appearance of being a dray load in quantity, it was well spread out. By Mr EndeaD: He was at one time employed by the Board as a casual worker. He saw a man workmg on the heap of metal the day it was carted there. The second time he saw it was the morning alter the accident, when he saw a man tilling tbe ruts on the road with it. It was ab:wt three days before the accident that the heap was placed on the road. Tbe metal was not spread near the fence. It was spread up and down the road. It a man rode a horse uo to a heap of metal nine mches high the horse would come dOWD.

; John McUuire. farmer, of l'uakau, deposed that ne, in company with Messrs Geraghty Bros., and Walter Collins, arrived at tbe scene of

the accident shortly after it happened. Miss Taylor was lying on the soft track to the river side of the heap in an unconscious condition. Miss Clarke was also there when they arrived. There was about a dray load of metal in the • heap. The top was taken off. It was eighteen inches high in the centre and tapered away to six inches at the side. It was a chain or a little more nearer the river than Madill's crossing and nearer Dwen's than Thome's. The accident happened close to the first or second gum tree. Some of the metal was on tie summer road and the edge of the heap nearest to the metal track was 10 to 12 teet He sat down practically on the edge of the permanent track and held Miss

Taylor's head. Later on in the morning hs went, in company with the Geraghtys aid Walter Collins, to look for same jewellery Miss Taylor had lost, and they found it on the river side of the metal. They also found some horee'a skin -and hair on the stones, l'he metal would bring ('own practically any hors?, immaterial of whether the rider was competent or not. 'lhere was no water or dampness where Mjsb Taylor fell. He could not S3y if the horse was Eound or otherwise, but it was quiet and it was used by children to ride (o school. By Mr Endean: There was no water past Madill's crossing. The metal heap was nearer the permanent metal track than Madill's fence. After the accident Miss Taylor was lying clcse to the permanent track and about four fCbt lurthcr on than the Icose iiietal. He considered the length of the heap of metal from Tuakau towards the river was Irom live tj six feet.

Walter Francis Collins, nursiry man, of Tuakau, stated that when he arrived at the scene oi the accident, Mise 'laylor was lying a tew feet nearer the permanent inctal than the fence, with her

feet towards the fence. The bfap of metal was twu or three feet from the permanent metalled track. It was a fcot high and the top had been knocked otf. It was nearer

Mrs Dwen's than Thome's. The only obstacls he saw was the heap of metal. Witness and ttirce others found a geld cross of Miss Taylor's where she had been lyiug down. In a conversation he had had with the chairman of the Town Board that gentleman Baid that there had been a suggestion to put a lamp on the metal heap, but through same misunderstanding it had not been put there.

Mr Endean here raised the point as to whether tha statement was admisßable. The Magistrate remarked that he would Eote Mr Endean's objecuon.

By Mr Endean: In a conversation he had with Miss Taylor at the dance on the night ot the accident she said her horße got out ot her control going to the dance and she feared going home on the horse. The edge of the metal heap nearest Madill's paddock waß twenty feet frpm the tence, and was mors to the centre of the soft road. They tound the gold cross about two or three feet from the loose metal.

Ambrose Harker. farmer, of Tuakau, said that the horse Mies Taylor rode on the night of the dance belonged to bis son, who bad had it in his possession for nine months. It was only frightened of railway and traction engines. He saw the horse after the accident outside the gate and he told his son to go for it. Its noss was gravel rashed and some hair was missiog from a knee.

By Mr Endean: The horse objected to being tied up. The condition of tbe horse's knee was such that he cou)d have wiped blood off it with his hand. It was possible to see the marks on the horse on the Sunday alter the accident. The horse would have fallen had it walked into the heap of metal.

By Mr Mason: He concluded that the horse had fallen. The horse would sustain more severe injuries by falling un Igobc metal than en permanent metal.

By Mr Endean: The injuries were not consistent with the suggestion that the horse came down on the soft track. If the horse had fallen on the soft track it would not show any signs of it. Monica Mayall, spinster, of Tuakau, related how after the accident Miss Taylor was takeu to her mother's house and said that MiTapper attended to Miss Taylor's wounds, She went to Pukekohe with Miss and Mrs Moore. She saw Mr "Wilson a Town Board employee shifting the heap of metal that Miss Taylor had- fallen on and he indicated a heap to her on which he said the accident occurred. The heap Wilson pointed out was nearest Dwen's and about four feet from the metal track. It appeared to be from one foot to a foot and a-lialf in height. There was no water in the vicinity.

Harry Roberts, farm hand at Tua kau, said he saw the heap of metal on the road before the accident, one by the Presbyterian Church and the other between Dwen's and Thome's, but nearer the former and situated in the middle of the soft road about a yard and a-half from the permanent metal. It spread across the road to a width of about four feet and was about the same in length, and was about half a-chain away from the erossin

Alexanuer John AVhite doposeel that he remembered seeing two loose Leaps of metal on the soft track by tlio fact that he il went over " one of them. It was the one near Glasgow's that he fell over.

Mr Endcan contended that it was unfair for Mr Mason to call evidence relating to any heap other than the heap that Mies Taylor was alleged to have fallen over. Dr Alexander Bronte, medical practitioner, of Pukckohe, gave evidence as to treating Miss Taylor lor the liijume she had sustained. The left side of the face was swollen and the left eyelids were very swollen and blackened. It wa3 with great diiliculty that he parted the injured eyelid?. . There

was a Blight abrasion both above and below the eye, and the face was very much scratched. There was a wound on the left side cf the upper lip whicb penetrated into the mouth. It was foul with earthy matter and gravel. It was necessary to clean out the wound. Miss Taylor was suffering from shock and spoke with difficulty. She answered questions slowly and stupidly. She undoubtedly suffered at the time from headache and aching pains in the fac?. He knew nothing about her hearing before the accident. He judged from what she had told him that the injuries were caused by a piece of angular metal. By Mr Endean: He had examined Miss Taylor recently, and was of the belief that she nad defective hearing. By the Magistrate: Miss Taylor's ear discharge was a simple discharge that might dry up but the hearing, however, would never revert to what it was before the discharge started.

CASE FUK THE DEFENCE. Mr Endean, hefore proceeding to call witnesses for the defence, intimated his intention of asking for a non-suit on the grounds that negligence on the l'own Boards part bad not been established, and also by reason of Miss Taylor's incompetency as a horsewoman and her negligence in failing to keep a look-out.

Mis 3 Taylor, re-called by Mr Mason, laid with reference to the conversation she had had with the witness Collins at the dance that she did not mean tfce remark to be taken seriously.

L)r Charles Hereward Wake, medical practitioner, of l J ukekohe, deposed to treating Miss Taylor in April last whe.. she had injuries to her l'aci-. By testing the hearing of the ears by the watch test he found a difference between the two. One ear was perforated, if there had been a discharge from

toe ear previously the perforation would have been there. There was a very slight deficiency in the sight. He could cot say how long Miss 'i'avlor had had ear trouble.

By the Magistrate: It was likely

that the shock of a fall trom a horse would bring on a discbarge

that had previously stopped. A perforated ear might improve but would never become normal. Charles Albert Henry Tapper, clerk to the Tuakau Town Board, stated that he was summoned to the scene of the accident at 3 a.m. He tcok a lamp with bim and met people near Thome's, about a chain on the river side oi Madill's crossing. Immediately past the crossing there was a muddy swamp. He did not see a fceap of metal past the swamp. He found Miss Taylor lying on the soft portion of the roal, about a yard from the metal track, almost in front of Ihorne's gate. He ascertained there were no broken limbs. Miss Taylor was uncohscious for between half and three-quarters of an hour.

Michael Bernard Ueraghty, a carter, employed by the Town Board, who carted the metal on to the road could not say how many loads he put down between Madill's crossing and tha river, but one load was put just past Madill's gate, just a little past Steve Thome's gate, a little over th:ec yards from the wire fence and a little off the soft track. The road was dry where he pulled otf. There was enough room f:r a trap to pats between the heap of metai and the permanent metal track. He saw the heap of metal after the accident, later in the morning. It had been levelled and was about eighteen inches high. There wad a clear space on the soft track for people to pass along. He lady's hair comb lying beside the metal. He could not say where the second heap wa° put. By Mr Mason: He or.ly knew by what Mr Wilson told him that the heap opposite Mr Thome's gate wss where the accident took plrce.

Uv the Magistrate: He thought he put three heaps en tne ruad, tut Le ro'jid tint locate their position?.

Heurv Wilsjr, sur I'i:c^tr;n, employed by the Board, in "placing" the heaps eaid one was about fifteen feet pa c t Thome's gate, another two chains further 03 and another still further or. The cm Ire of the heap at Madill'a crossing whs about 1U feel away 1 rem tlrj lence. The condition cl the land between Madill'a crossing and the metal was wet and swampy, (Jeraghty found the comb about tea feet further on than the first heap. All the heaps of metal were well spread and were p.ai'j to drive over. By Mr Mason : The two Morgans and some peuple in a motor car told bim that the accident happened at the bottom heap. James I'irret, a coahbuikler, of Tuakau, and a member ol the Board, gave the height of the first heap as being ten incbe?. The second heap wa<" near Mr? Dwen'p, and was about twelve inches in height. He coula not see any signs of an tccident near the first heap. He saw marks on the soft track about two or three yarda to tbe right of the second heap. By Mr Mason: He had been down to the heap of metal with Lindner and others and got Lindner to point out the spot the accident happened. The heap was between twenty-five and thirty yards beyond Madill'a gate. Ue did not examine the second heap. It was all dry round the first beap. The chairman told the surfaceman to put lights on anything that was dangerous. John Henry Taylor, settler, of Tuakau, said on making an examination of the road subsequent to the accident he thought a horse had beer, rolling near the first heap of metal. That heap was in a line with the lirst post past Steve Thome's gate, and one with a hole in it on the opposite side of tbe road. From tbe centre of the pile to the fence waa about ten feet and it was about nine to ten inches high and waa well spread, ft was off the summer track on the aide of the road. There were no signs of an accident around the aecond heap.

By Mr Mason: It appeared as if the horse had been rolling from nine to ten feet towards Madill'a fence, between the metal and the fence. From Madill's gate to the heap was wet. IJe did not examine the heap near Dwen'e.

Henry Beauchamp Free, draper, of Tuakau, stated that he viewed the scene of the accident on the following afternoon. He went down to ascertain the danger or otherwise of the metal and was told that the accident happened at Tborne'a gate. He noticed the metal was well spread. He took no details.

By Mr Mason: He considered that the heap near Thome's gate was well prot;cted by the water in front and consiaeied it was not dangerous. Dynes fl'ulton, chairman of the Tuakau Town hoard, stated that instructions weie given to Mr Wilson, the surfaceman, to Bee that il' lamfs were not placed on the heaps of metal they shouki be spread out. He saw the horse on the Sunday following the accident and it was aa sound as it was that day. During the proceedings the Magistrate and Counsel examined the horsj in the Polite Court yard, but no signs of the horse having sulfered injury were apparent. The case was adjourned tu curoe on for further hearing at the next sitting of the Pukekohe Magistrate's Court, to be held on the 16th lust., in the event of Counsel not deciding to have it iinishecl in Auckland beforehand.