RESIDENT MAGISTRATE'S COURT.

Colonist, Volume IV, Issue 435, 24 December 1861, Page 2

RESIDENT MAGISTRA TE'S COURT.

[Before J. JL'oynter, Esq , Itesident Magistrate, and R. K. Nowcome, Esq.] Wednesday, December 18. Paul Spanger v. T. J. Thompson, Secretary to the Wuiinea Road Board, for £10, for damage sustained to his mail-cart, through the roads not being kept in a proptr state of repair. Mr. Conntll appeared for the plaintiff, and Mr. Kingdon for the board. Paul Spanger, sworn: Am the mail contractor from this town to Motueka. The roads between this and Motueka are in charge of the Wairnea Road Board, defendant being secretary. My regular days for travelling are Mondays and Thursdays, returning the following days. 1 went from Nelson on Thursday, 31st October, and met with an accident. I carry the mails in a one-horse cart; had four passengers besides the mail. Came to a great hole, and the wheels of the cart got stuck. The place was about a.mile from the Travellers' Rest; the horse plunged and reared so that the ring attached to the traces and the harness got hroke; the shaft got between the collar and the horse's shoulder. Got the horse quieted until the passengers were out of the cart. Was driving very flowly at the time. The hole extends right across the road. Andrews helped the horse out— he drew it out with one trace ; it. began to plunge again owing to the pain in his neck ; was obliged to let. him go, and he broku the can, both shafts, and the harness. I got it repaired—it cost 355; and the harness about the same amount, but have no account of it. 1 had to run about for five hours to borrow another cart. We stopped at Bensemann's, which cost me ss. more. Lost passengers owing to my not arriving in time at Motueki. The breadth of the hole is about 10 or 12 feet. Told Mr ; Thompson about ihe road, and it was repaired ; it is hardly safe now for foot passengers —there is not sufficient gravel put on it to make it safe. I did not mention it to any other members of the board. - ; , ~ . ~ Cross examined : The hole is about ten chains this side my house. A Mr. Hubbard repaired the road. Do not recollect seeing Mr. Thompson the morning of the accident. After I complained about the road Mr. Hubbard was directed to.mend it. I have represented the Moutere district to Mr. Thompson 83 wanting repair. The roads aie under the direction of the Waimea Road Board Mr. did not say he would not go with me because the shafts were so bad. The shafts were not broken when the horse gqt out of the hole. Do not remember the rut being an old watercourse—there is a regular water-course a little further on, which goes through Fowler's section, and it is quite safe to pass over. The depth of the bole is up to the axles. The htrse since the accident has been restive, and I cannot put him in the shafts by myself as I did formerly. • Henry Hubbard, sworn: Am living at Waimea East, and have been employed by the Waimea Road Board to mend the road in question. I put two loads of stone since theaccideiu v and I mended it on the sth October. It is an old water-course. I made it quite safe. Water was running in it at the time I repaired it through my land. Cross-ex mined: It has been a continual run this last winter. This closed the plaintiff's case. T. J. Thompson, sworn : Am secretary of the Waimea Road-Board and surveyor; the road in question is under our control. On the evening of the 4th Octoher, Mr. Spanger told me of the road being out of. repair, and accompanied me to the spot; he said it .was a very dangerous hole. I said it required repairing, but it was not dangerous as several parties rode backwards and forwards whilst we were talking. Mr. Hubbard was employed to mend the road on the following morning. Never heard any complaint since the accident ; plaintiff arid myself often meet; he has not spoken to me since the 4th October about the road. The road is 50 feet wide. I Mr. Kingdon said it was clear that this case had been got up as a try on, similar to the one heard some time since, viz: Murrell v. the Board of Works, to recover damages. Every person knew that the season had been a very wet one. The utmost liad been done to keep the roads in good repair. The magistrate said it was quite clear that damage had been done, but not to the extent represented by complainant; he should not grant large damages. There was no account sent in a«: to the damage done to the harness; he should therefore grant 15s. in addition to the £1 15s. for the shafts. Charles Richards v. Eliza Reynolds and James Lucas for £4 18a 2d, for balauce due on a piano forte sold to Mrs. Reynolds, and for which Mr. Lucas became responsible for the payment. Judgment for the amount.