AN INTERESTING CASE.

Wairarapa Daily Times, Volume XV, Issue 4656, 23 February 1894, Page 3

AN INTERESTING CASE.

' thetialedonim Society Suea , " On the Court neuming at 2 p.m yrsterday, : further evidence in th above case was heard. Oharlea Ewington eaid ho did no think there were a hundred people o: the stand. . ' L. Trass gavo oorroborativo evi denoe which closed the case for th plaintiff., ■ Mr Pownall addressed the Cour at some loDgth on the case for th dofendrtiit. • Though technical point might have been rmaod, he hud in structions from tho Society whi preferred to meet the c-ko at onco He proposed to show that the plain had no right fo be on the stand -'"fßeiMfritly there was no corres' on tho part of th; Society to make it safe, The Society had found on previous occasions thai the crowd could not be kept back anc notice therefore bad been placed i[ coimkoiis places showing the public itwPfot for them. The people were asked to come off but no attention was paid by them. He did nol want to depreoato the injuries received ' by Mrs McKay, and the Society te show their commiseration were quite prepared to refund any expense incurred through the unfortunate accident, but they refused to recognise any legal responsibility and were determined to stand on their rights. The learned counsel pointed out the importance of the cas* as affecting all similar societies and institutions. Alexander Walker, PrVsidont of the Wairarapa Caledonian Society, deposed that he had ..visited the ground early on the morning of the accident and assured himself of tli9 safely of the etruoiuie. • Corroborative evidence was given of the notices posted U|> and the endeavours made to prevent the public monopolising tho seats reserved for members, A. Stewart said tho timber was not rotten, some of the wood was old but porfectly oound, W. C. Oargill gave corroborative evidence. Bentloy, the carpenter who erected the structure, explained how it had been put up with care, and stays Btrong enough to support it, The stand had probably fallen down from too many people being upon it W. Miller said he thought at least 100 peopie were on the stand when it G. Wari, who had climbed up at the baotfto see the wrestling match, said ho saw no notice, No further evidence was taken, and after legal argument between the two learned counsel, Bis Woiship said he ■wonldreaetve j udgroent until 10 o'clock this (Friday) morning. His Worship, in giving judgment this morning, said the essential facts were that the Society held some sports on the Ist January at the Masterton Park Oval, they erected a gallery for members only, and affixed placards intimating the special purpose for which it was reserved.. Mrg McKay had no right to be on the gallery and tho collapse was caused through overorowdirjg. A distinction must be drawn between the gallery and the domain. Tho only right which the Socioty gave and Mrs McKay purchased, was the right to use the - domain. It gave her no right but that of a licensee. The law on the point was very clear as laid down by Pollock, Inlawie licensee must take a structure as it is found, accepting all responsibility. The evidence disclosed tho fact that the officers of the Society had warned the public that they had no right to bo there. That being so, though it was unfortunato for Mrs McKay ,she could nbtrecover dumages at law, His Worship said he was very pleased to hear that the Society intended to compensate Mrs MoKay for her injuries. The plaintiff must be nonsuited, ] 'Mr Pownall asked r costs for two witnesses, and intimated that the members of the Socioty intended to start a special subscription for Mrs McKay.