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Mary Jane Bourke vs Council, NSW Supreme Court, 1892-1893

Description

Unique IDA-00453513SeriesCity Solicitor's Packets, 1834-1977 [Municipal Council of Sydney / City of Sydney]DateBetween 1st April 1892 and 30th September 1893Date qualifierexactFormatLoose PapersDescriptionPapers relating to NSW Supreme Court Case no 3372 of 1892 in which Mary Jane Bourke sought compensation for herself and children for the death of her husband Charles Bourke in an accident caused by damage to the roadway of Kent Street. The case was heard in December 1892 before Chief Justice Darley and a jury in which damages were awarded to Bourke on the grounds Council was responsible for the dangerous condition of the road. Council appealed against the verdict. The appeal for new trial was dismissed in September 1893 by majority verdict whereupon Council requested permission to further appeal to the Privy Council which was granted.
The documents include copies of Judge’s notes from the first trial, printed by Government Printer; case notes; briefs for Defendants for Sir Julian Salamons and RW Pring; briefs for Rule Nisi, Rule Absolute and to hear judgment. Many of these documents have copious notes on their reverse apparently made in court. There are also items relating to fees claimed by JH Want for work performed on behalf of George Merriman, City Solicitor.
The packet also contains an unrelated item namely a receipt on letterhead of George Merriman, City Solicitor, dated 27 October 1893, with crossed out signature of clerk of GC Waldron, for papers for the new trial motion for Starkey v Council.LanguageEnglish (eng)Digitised recordNoBorn digital itemNo

Item

Mary Jane Bourke vs Council, NSW Supreme Court and Privy Council, 1892-1895

Access

Public access statusOpen to public access

Identification

Source system ID56/469

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Mary Jane Bourke vs Council, NSW Supreme Court, 1892-1893