ACTION FOR DAMAGES.

Temuka Leader, Issue 2060, 17 June 1890, Page 4

ACTION FOR DAMAGES.

In the District Court, Timaru, before His Honour Judge Ward, au action' of an unusual interest just now, in view of the conduct of the Geraldine County Council, was commenced last Friday. In this action Thomas and Margaret Mercer, of Makikihi.sued the Waimate County Council for £6O for damages sustained on account of injuries received'through the negligence of the Council in keeping the Deep Creek bridge in proper repair. The statement of claim set forth that the injuries had arisen through one of the horse's feet going through a rotten plank in the bridge, the result being that tbe horse fell and' broke his knees, the joint oil exuding; and that Margaret Mercer was thrown' clear of the bridge on to the metalled road,falling on the side of her face and sustaining injuries about the face and' head, having her wrist badly sprained, and fracturing one of the small bones ©f her arm, besides being very much bruised and shaken, resulting in internal injuries, For this Margaret Mercer claimed from the defendants £SO as damages, and Thomas s Mercer claimed £lO for injury done to the horse.

Several witnesses having been called and examined by Mr Perry on behalf of the plaintiffs,' Mr' White denied that the defendants neglected the bridge. The bridge had been built especially strong, and about two years ago the black pine planking had been replaced bybluegum planking. From time to time an inspection had been made of the bridge, and as late as the Ist March, a few days : before the accident, 'the county overseer b,ad personally thoroughly "inspected lit. Ihe broken plank had been sawn off by one of the council's men, and was found to be neither rotten nor decayed. The case' was continued on Saturday