A SERIOUS ACCIDENT.

Auckland Star, Volume LVII, Issue 199, 23 August 1926, Page 8

A SERIOUS ACCIDENT.

PULE FALLS ON MAN.

SEQUEL IN COURT ACTION. CLAIM FOR £1.350. NEGLIGENCE ALLEGED. The fulling of a heavy piece of timber from tin: Commercial Hotel building in Shortland Street while the premises were licing demolished in Juno of last, year was ic-p'ui-iMr for a. serious accident. The victim \\a? pacing beneath tin , building at ilu , time and was struck on the head by the limiier. A sequel to iln; accident was heard before Mr. Justice llerdmau and a special jur\ in tin , Supreni-e Court this morning, when William Stephenson Johnson, and motor lyre dealer, proceeded against Williui.i -James Grcvatt and Charles Edward Crevalt. contractors, claiming special damages amounting tn £"i 0 8/0, and general damages amounting tv x'l-jOI I . for alleged negligence. Mr. Nortlicrofl :i pyien red for tin , plaintiff and Mr. Kiniiiiund for the defendants. Rights of Public. "An important consideration in this ca.-e is that 'of the rights of Iho pu'di ■ on the streets and in place- when , they have every riyltt to be." said Mr. Northcroft in opening his ea~e. lie continued by guying that the action arose out of circumstances which were fortunately nut common. On June 11, 1025, the |j'laiiitilV. in the coui>e of his business, was pus-iim' up Short land Street, when without warning' he received a blow on the head from a piece of timber, which fell from high up on the Commercial Hotel. li appeared that a flag pole had been affixed on the corner of the building and this had been removed and placed in the gutter behind the parapet. At that time the defendants were carrying , out alterations to the premises and had actually taken charge of the activities. A workman ■was moving the Hag polo. and. owing. either to his or the fw-i that the timber was rotten, a portion of it broke and fell. It vva< that [piece which struck the plaintill'. Contractor's Duty.

According , to the specifications, wont on counsel, tlie defendants should have erected hoardings to protect the passersby. The t'ity Council by-laws ul~o insisted on these provision!- being made. At the time of the accident there was no boarding, no scaffolding, and no staging. I Thnt was the cardinal reason for thi. , action. It would be submitted that the etaging should have been erected before the operations commenced. The rules of law provided that where a person ■was injured by something falling while he passed whore lie had a right to pass, lie was entitled to a*l< for damages. The result of the blow fractured plaintiff's skull and lie had suffered substantial pecuniary loss. He had owned a prosperous business, where he employed four assistants, but now, and since his injuries, plaintiff had to do with two assistants. The accident had had a serious effect on the plaintitt". It had alTeoted his mental capacity and medical evidence would show thnt he was not capable of currying on with his business. Financial Responsibility. In statements after the accide.it, Mr. Grevutt, icnr.. told a sinter o£ the plaintiff that he would sooner it had been himself than v young man. He also said lie would undertake all financial responsibility. A similar statement was made to another sister. The foreman on the work told a sister that: "It was caused through rank carelessness." The defence would submit that the defendants were not working on the Shortland Street aspect, but evidence would show that they wi-re doing a great deal there. It was also contended by the defence that if there was negligence, and it was denied that it was negligence on the part of -Morton and Collins, plumbers, who were independent contractors with the defendants; The plaintiff jzave evidence of the accident and of the subsequent expense. he incurred. William Cox gave evidence of tho accident, which lie saw whils he was proceeding down Shortland Street. Medical Evidence. William Russell also ga\ c evidence of the accident; ,

Dr. K. Mackenzie spoke as to the present condition of the plaintiff, who, he eaid, was in a serious state and was not a malingerer.

Dr. K. McCormack was called by Mr. Eichmond at this stage. Witness said his system was bound to improve once the question of compensation was settled, but he had a permanent residual injury. That did not mean he would be entirely unfitted for work.

To Mr. Northcroft: There may be an exaggeration of the symptoms, but I would not say they were wilful.

Lionel S. V, Bell gave evidence of the accident.

John Matthew Murdoch, city building inspector, said that at the time of the accident there was no scaffolding in position. lie saw the scene and was of the opinion that it was a pure accident, lie received his details from the plumber.

Evidence Mas also given by the sisters of the plaint ill.

The case is proceeding.

Senior University scholarships are conferred so late in the year that students are at, present places! under a serious handicap. Thii year, for instance, when seven out of the sixteen scholarship, were awarded to Auckland, the results came to hand too late for the successful -tuilents t.> arrange their study courses and devote full time to tho work. Other years the s-ii'ia-tion has been the same, and senior scholars have frequently been forced to postpone their work for twelve months because the award is not imide until some time after the beginning of the college year. This applies to the other colleges as weH. but not so much as to Auckland, because Auckland gets more scholarships, and is not to richly endowed.

A sharp shock of earthquake, of short duration, was experienced at Kaetihi at 0.30 yesterday evening.

On the muddy- bank ni a crocodileinfested stream in NVw Oilmen recently a number of natives arrived with their bundles, preparatory to eros-ing. Among them was an old woman who was ton feeble to swim and n'.io was. therefore. Lolding up the cavalcade on its way to purchase food and stores at the Administration town. A debate was held, mid gravely the small band agreed that they must show the old womun the greatest kindness possible. They killed her. She ■was too old to enjoy life, and was a burden to all who were associated with her, and the riverside contretemps concluded matters.