Evening Post 21 Jan 1884

Magistrate’s Court Civil Cases McKenzie and Waters v. the City Corporation

This was an action brought by the trustees in the estate of Sinclair Brothers to recover from the City Council the sum of £100, amount of damages sustained through the alleged illegal seizure of an engine now used in connection with the Te Aro Reclamation contract. Mr Stafford was for the plaintiffs and Mr Chapman for the defendants. W. R. Waters deposed that the engine was formerly the property of the Messrs Sinclair, of Wainuio-mata, and when new it cost about £500. On being brought into town last year it was worth something less than £300. That sum was offered for it provided it was put in repair. The engine was placed on a piece of land belonging to Mr O’Shea, and was subsequently removed to the Corporation yards by Mr Kerslake, an official of the Corporation, who said that he had been instructed to do so. Witness protested, and then walked away. A few days afterwards – on the 1st of June, 1883 – he received a letter from the City Council stating that the engine had been inadvertently taken, and offering to surrender possession at once. Witness and his co-trustee demanded the return of the engine, but this was not done. Since then they had regained possession, but in consequence of the neglect of the defendants the engine had suffered considerably, and repairs to the extent of £30 or £40 had been done in consequence. The trustees had also been obliged to sell it much less advantageously than they could have done previously. By Mr Chapman – The offer made to the trustees was made by McGrath, and the trustees agreed to give it to him as soon as he brought the cash. Edward Seagar, engineer, stated that at the request of the last witness he had examined the engine when brought into town from Sinclair’s mill, and was of opinion that an expenditure of £20 would effect the necessary repairs. It would then be worth £300. There were only one or two breakages. William Luke, of the firm of Luke, Sons, and Williams, proprietors of the Te Aro Foundry, gave evidence as to the state of the engine when placed in his hands for repair. Duncan Sinclair deposed that when he purchased the engine in Tasmania, the cost was £530. A sum of £50 was incurred in bringing it to Wellington. When the engine was brought into town for sale it was in a fair state of repair. During the time it was in use at Wainui-o-mata an accident occurred, but after this the Inspector passed it, and it was considered to be all right. The engine was used by witness and his brother to haul baulk timber from the bush to the sawmill. By Mr Chapman – Some of the tubes were leaking; otherwise the engine was in good repair. The accident referred to was caused by three trucks running away and knocking some logs against the engine as it stood in the shed. Joseph Patrick, engine driver for Messrs O’Malley and Pepperell, was examined as to the condition of the engine when taken over by Luke, Sons and Williams. The witness expressed his opinion that £100 could have been spent in repairs. Messrs J. D. Baird and Kerslake were examined for the defence, and judgment was given for 1s, without costs.