THE COURTS.
COURT OF APPEAL.
The full Court sat on tho 10th to hear argument in the case of James Tarry v. tho Taranaki County Council, which was an appeal from the decision of tho Stipendiary Magistrate at Now Plymouth, and had beon romovod by consent to tho Court of Appeal. The plaintiff and appellant is proprietor of tho coach running twice a week between Inglewood and New Plymouth. In No vember last he brought an action against tho County Council to recover .£IOO damages for injuries sustained by himself and coach through tho alleged neglect of tho Council in not keeping the Junction road between Egrnont village and Ingle wood in a reasonable state of repair, and in particular suffering two holes to remain in the centre of the road near Egmont village. It appeared that about dusk on tho 17th Juno last, while plaintiff was driving his coach as usual, his near leader stumbled at the second hole and his near poler stumbled and fell, tho jolt throwing plaintiff off the coach and the front off-wheel passing over his right leg and loins. For the defence it was pleaded that tho defendant Council had not sufficient funds to keep all tho county roads, bridges and culverts in efficient repair; that as a matter of fact tho Council had overdrawn at its bankers nearly up to the limit allowed by law, and that the Council had not had any prior notice of tho existence of the holes which caused the accident.
