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Wairarapa Daily Times, 29 March 1894, Page 3

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I An Interesting Case, The District Court opened this irningin Masterton, His Honor, striot Judge Kettle, and a jury were engaged the whole day in hearing the of.se of W.B, Got J, the Pahiatua i County, ' Mr Fownali appeared for the plaintiff and Mr Tosswill for the County, The following jury were empanelkd :-MessrsW.M. Baker, O,H. Payne, G. A. Townseod and Dunoan McLachlan. » Mr D. MoLaohlan asked to bo exoused on the ground that he was a : public servant, being the assistant County Engineer, His Honour said it was not desirable that Mr McLachlan should sit, but unless objection were offered the exouse would not be taken. No objection was offered and Mr MoLacblan was ohoson foreman. \ Mr Pownall, in opening the case, ' said that Mr W. E, Coe, the plaintiff, ', was a carrier in Pahiatua. Part of hie'business took him over the road known as the Makuri Gorge Road, (Che care of this road rested with the Pahiatua County by an order in Counoil of June 27th, 1898. This was done before the accident occurred for which damages were claimed. The Now Zealand Government constructed the road and the Government maintained it till June 23rd. The defendants admitted this. On August 2nd, a slip occurred, extending to within four feet of the outer edge. There was a very eteep fall of 100 feet, at the bottom of which was tba river. The public using the road, therefore, were confined to four feet of road with a big drop on oue side. The County took no steps to remedy the slip, though they must have been fully aware of it. On August 10th the accident occurred, jmd from August 2nd to that date no action had. been ' taken, Traffic went on, people had to use the road, and plaintiff lost the ' horse, for which ho claimed £3l, and I £lO (or loss of. business. The horse was being ridden by Lawrence, sou-in law of plaintiff. A slip was likely to occur, and the place ought to have 1 been carefully watched. The slip ' ocourred on August' 2nd, and bad increased by the 11th. The road Inspector bad been .notified, and the allegation was that the defendants had. neglected to attend to a blip which had rendered the road dangerous for public traffic. The value of the horse and harness was.£Bl, for which the County were liable, 1 and £lO for the loss of business, The road was left until August 191b, when it was repaired, The do- \ fendanta pleaded coutributory negligence on tho part of plaintiff. \V. R. Coe, whose, evidence bore out the learned counsel's statement, ' said be had refused £3O for the horse repeatedly, and would not take £35, The horse was going from Pahiatua to Makuri township. The road was liable to slip, At somo places the formation was papa, and at others limestone, It was the rainy season, and witness had to use the road be- [ cause there was no other, it was not till August 16th that be could pass. He considered £lO a low charge for the loss of business, Cross -examine'!: There wore slips , in other parts of the distriot, The horse was going out to do light work, ', It wob a heavy draught horse. It belonged to witness and was being ridden by his son-in-law. He could not say whether he (the witnessj would have taken off the bags. Proceedings had been4aken in the B.M. . Court. [ Mr Pownall objected but was over- , ruled, Witness proceeding said he had . been non-suited in the R.M, Court. I The £lO for damaeea had not been , claimed in the other Court. . Mr Tosswill suggested that the £lO ' were to pay for the costs in the other r Court. ] Mr Pownall strongly protested I against the suggestion, No reference should bo made to the other trial- If necessary he would go into tiie whole case and prove perjury had been com* ' mitted against his olient. His Honor said it would be batter l not to go into the facts of the other case. t Mr Pownall urged that it was an t attempt to prejudice the jury, Continuing the witness said in reply to His Honour that he always , used every care in passing a slip, Mr A, Tuckey, oarrler.of Pahiatua, s deposed that he saw the Blip on Aug. 2nd and was present at the acoident i on that date, Saw the assistant- ' engineer the day liforo and asked g him if he had kept the Gorge road open.tbe engineer replied that he had only to keep it open for horse traffic Witness said that would do for him. i The ordinary width of the road was! _ about sixteen feet. After the slip it got j gradually narrower. He staried with Lawrence and took three horses. Lawj rence was riding his own horse, witH ness was riding one botße and driving a the other, He went first, Lawrence ~ coming behind. Did not think it ' necessary to get off to pass the slip, Lawrence's horse was very quiet, but J itelipped, the rider jumped off and the ' n horse fell down the cliff. The embankment above the road itself slipped, The horse at first slipped half way • down the cliff but aftorwards was found in the river drowned, The bridle e was useless and the saddle injured but j wbs recovered. j. Witness was. oross;examined at h great length by Mr Tosswill as to.tke l" dates. After much evidence had been given, witness wbb ordered by the Court to wire for b!e pocket-books to l_ be forwarded to the Clerk of the ' Court, By His Honour.—lt was an exceptionally wet season, but the day on which the accident occurred it was ' not raining. I W, M, Boyden, road overseer at : Pahiatua in the employ of the Government,gaveevidencethat theordio. ary width of the road was fourteen feet . He saw the slip on August sth anc ' several times afterwards, On Aug { „ 20th it was not completely cleared, ; ( When witness crossed on the sth, be a got- off his horse because he poo. i 8 sidered it the safest -thing to do n others might have, crossed withooj jf dismounting, but be would not conle aider it a wise thing to do, : Thi 18 season was a very wet; one:andslipi y were likely toowprat any,time, jj ; Cross-examined;>W ; itneßai j e pasiother slips. ! ,whioh j n p { that was hot:partWarlyf|nie|;^;!.