AN INTERESTING CASE.

Wairarapa Daily Times, Volume XV, Issue 4655, 22 February 1894, Page 3

AN INTERESTING CASE.

Ihe Caledonian Sooiety Sued, A case of some interest was heard in the Masterton B.M, Court this morning before Mr T, Hntohieon, R.M. Mrs McKay, of Upper Plain claimed £4O from the Wairarapa Caledonian Society for damages received on Ist January at Masterton, through the collapse of a structure at the sports. Mr Jackson appeared for the plaintiff, Mr Fownall for the Society. Mr Jackson briefly stated the oase, and submitted that if he proved that the injuries were received the claim would hold good, Dr. Beard said on January 3rd he | attended Mrs McKay of the Upper Plain. He found injuries to the chest and "loft, leg, the injuries were temporary, and would not incapacitate the patient permanently, There were bruises but no broken bones, She bad not recovered a fortnight; ago, The injuries would cause pain and suffering and disable the patient, Next winter the pains might recur, Witness had visited the patient fire times. By Mr Pownoll: It was only a partial disablement, though at first it was a total disablement. Only saw her once at her own house. Patient could not have milked cows (or some time after the accident, V "|

Wm. Seller,-Secretary of the Caledonian Booiety, gave evidenoe of the holding ot the meeting. The Society charged for admission. The structure whiob ha.d fallen was at the highest point six feet from the ground. By MrPowiiall: The seat was put up by instructions from the Society, The stand had been used previously. It appeared to be substantial. By His Worship: The timber was good, By MrPownall; Tho stand wbb put up originally for menfters and members' wives, No charge was made for the seat. Notices were put up "For members only," but these' notioes were disregarded, They had no man to turn off thoao who should not have been there. The day was wet. Many people used the Btand. There were other seats for the public. By Mr Hutchison: There was nothing to show the struoture was reserved exoept this notice. Two stewards said the struoture'was overcrowded. It in never intended for people to stand on, The legal appli cation for damages was the firs! intimation received of the claim. By Mr Jackson: Could not say the timber was rotten, Margaret McKay, who was acoom modated with a seat in Court, gave evidence of the accident which injured her. Her husband told her to go on the seats, At time of the collapse Bhe was on the top sea*. Was injured, but Bt firat did not think it so serious sb it turned out to bo. The structure came down between four and fiv'i o'clock. Did not know whatbrought it down. Witness was a week in bed, and. four weeks on crutches. Suffered great pain, and was not yet free from it, Assisted her husband in everything and of course was unable to help him while she wsb laid up. She saw no notice. By Mr Pownall: Her husband was not a member. The whole structure came down, and the 6»u that the wood was rotten, Did not notice any people olimbing up behind, By His Worship: Could not tell how many people fell. The officials of the Society did not visit her. , Hugh McKay gave corroborative evidence He had engaged a man at twenty-five shillings a week for nix weeks to do the necessary work and had made a claim against the Society for 25s a week for nursing his wife, I Hoffeinß deposed that be did not see the notice, though he was on the ground at the sports, [Left Sitting,]