District Court.

♦ THIS DAT. (Before his Honor Judge Ward.) TOTTLL V. LTTTBLTON BOBOTTQH COUNCIL. Thiß case was resumed at 10.30 a.m. Mr Holmes submitted that the plaintiff should be nonsuited, on the ground that no evidence had been given to show that the Borough Council had placed, or caused to bo placed, any stones in Coleridge Btreet. Mr Joynt submitted that two of the witnesses had proved that the men employed by the Council had placed the stones where the accident occurred. His Honor could not, after hearing the evidence, grant a nonsuit. "Mr Holmes then opened for the defence, ' and called the following evidence : — George M'lntyre, licensed and authorised (surveyor : Had made tho plan of Coleridge and Dublin streets produced. (The witness detailed measurements, levels, positions of lamps, &c.) John Sowden, foreman of works for the defendants : On August 3 a portion of the wall in Coleridge street fell— only about 7ft. The wall was about 13ft high. Took down fully 23ft of the wall, including what had fallen. The wall was about Bft thick, some atones a foot, some 2ft, some not more than 9in in thickness. Rain caused the fall. Immediately had a lamp placed at the spot and the loose stoneß placed out of the way of traffic as much as possible. The lamp was an ordinary street lamp and fixed to a post. The lamp showed its light in both Coleridge and Dublin streets. Caused some planks to be put over the concrete channel in Coleridge street, and placed the stoneß againßt the wall. The highest point would be 3ft 6in, and the lowest the thickness of a stone. The widest part extended into the street 6ft, and the narrowest 4ft. Visited the place every evening from August 3 to 22, when the rebuilding was completed. Thore was an ordinary street lamp and a hotel lamp within a radius of 100 ft. There was quite sufficient light to enable people to see the stones. Waa at the place from half-past four till five minutes past five on August 11. It was not then dark. The men put back tho loose stones against the wall in Coleridge street. After the accident saw blood on the road. The lamp over the fallen wall threw light upon that spot and further up, as far aa Goat Alley. The street lamp also gave sufficient light to see the stones. Had tested this at different times Bince. The fence would not prevent tho street lamp from shining on the spot. To Mr Joynt: Saw that the lamp was burning on August 11 from his own residence iibout ten o'clock at night. Had noticed previous to tho accident that the electric light enlightened Coleridge street. William Eden, mariner, living in Coleridge street, corroborated the last witnefis' evidence. [Left sitting.'!