RESIDENT MAGISTRATES COURT, HAMILTON.

Waikato Times, Volume XXXV, Issue 2819, 7 August 1890, Page 3

RESIDENT MAGISTRATES COURT, HAMILTON.

Wkiint.siiay.—liufoie Cupt. Jackson, li.M. N. R Cox v. .V. Mailer, claim €1 1-Ss ijd, costs !)s. J udgnient for plaint iff. Tliu iifljuii'Tiorl case of It. I'. I libbon< v. the I'iako Comity CJ">tineil. wa< tli.-n brought pn. This was a claim oi £-•> fur damage* sustained through tho Waihou river being mmavigable owing to tho ob- | st ruction caused by the Wairongnmai liridge, (ill til.-. Sell of flanuary, tli»s said liver then being in llood. Mr.l. A. ISjale, Auckland, appea:ed for the plaintilf, and Mr W. M. Hay appeared for tlia defendants. Mr (ribbon.*, tin: plaintiff, gave evidence, showing tliat tlie Wi.ihou river was navigable for some l-'o miles above the Waiorongotnai bridge (which is the cause of obstruction), and al-o that owing to this bridge stopping his s'eamur on the aforementioned date he was unable to keep his null going art ' 10 ' ,!H ' rutl mt In answer to a question by Mr Hay, the plaintilf said that he had been warned by the Council to stop u iiifj barges upon tho river, but he did not take any notice of it. lie said that he may have remarked that it would have been better for llio Council to have let him alone, but whether or no, lie would have brought this action. Plaintiff also s lid that he had a contract to supply Messis Carl', Johnston, and Co. with llax, and owing to the steamer being obstructed he was unable to do so. Mr Kveiitt, who was in churgo of tho steamer at tho time of the obstruction, also gave evidence. He said that when the water was up to a certain mavk 011 the Te Arohu bridge, he had one inch to spare, and on the trip in question that mark whs 8 feet under water, and of colll.se he did nut go up, as bo knew ho could not get under the bridge, but he did not go to the bridge to try and get through, .fames Lavery, the contractor, who built the biidge, also gave evidence, shewing that the river was a navigable river. He said that before the Waiorongotnai bridge had been built, large riversteamers of 100 tons register were able to go 25 miles further up, to Stanley, but .since the bridge was built they could not SO, • Tho Court adjourned till 10 0 clock this morning, to hear a caso J. T. Home v. H. Kelly, and at 11 o'clock will continue tho hearing of evidence in the above case.